JOURNAL 


OF    THE 


Constitutional  Convention 


OF    THE  /    g  ? 

/^ 

/  ?  :' 

STATE  OF  NEW  YORK. 


1894. 


REVISED   AND    INDEXED. 


JOHN  PALMER,  SECRETARY  OF  STATE. 
JAMES  A.  ROBERTS,  COMPTROLLER. 
THEODORE  E.  HANCOCK,  ATTORNEY-GENERAL. 


'^-    ,T~i 


ALBANY: 
THE   ARGUS    COMPANY,   PRINTERS, 

1895. 


DEPT.  - 


JOU  RN AL 


CONSTITUTIONAL  CONVENTION. 


STATE  OF  NEW  YORK: 

ASSEMBLY  CHAMBER,  CITY  OF  ALBANY, 
TUESDAY,  MAY  8,  1894. 

Pursuant  to  the  acts  of  the  Legislature  of  this  State,  entitled 
"An  Act  to  amend  chapter  398,  of  the  Laws  of  1892,  entitled 
'An  Act  to  provide  for  a  convention  to  revise  and  amend  the 
Constitution/"  which  is  in  words  following: 

AN  ACT  to  amend  chapter  three  hundred  and  ninety-eight  of 
the  laws  of  eighteen  hurdred  and  ninety-two,  entitled  "An 
net  to  provide  i'or  a  <-onvei;tion  to  revise  nnd  amend  the  con- 
stitution." 

Approved  by  i!u-  (Jov.-nior  January  27,  !«<):}.     Passed,  three-fifths  being  present, 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

Chapter  three  hundred  and  ninety-eight  of  the  laws  of 
eighteen  hundred  and  ninety-two,  entitled  "An  act  to  provide 
for  a  convention  to  revise  and  amend  the  constitution,"  is 
hereby  amended  so  that  all  of  said  chapter  after  the  enacting 
clause  thereof  shall  read  as  follows: 

Day  of  election. 

3  1.  At  the  next  general  election  to  be  held  on  the  first 
Tuesday  after  the  first  Monday  of  November,  eighteen  hundred 
and  ninety-three,  delegates  shall  be  elected  to  meet  in  convention 
to  revise  the  constitution  of  this  state  and  to  amend  the  same. 

M185373 


JOURNAL  OF  THE 

Number  of  delegates. 

<§  2.  The  number  of  delegates  to  such  convention  shall  be  one 
hundred  and  seventy-five.  One  hundred  and  sixty  thereof  shall 
be  elected  by  senate  districts  and  shall  be  known  as  district 
delegates.  Each  senate  district  shall  be  entitled  to  elect  five 
district  delegates.  Fifteen  delegates  shall  be  elected  for  the 
state-at-large  and  shall  be  known  as  delegates-at-large. 

Method  of  election. 

£  3.  Each  person  entitled  by  law  to  vote  for  member  of 
assembly-  at  such  election  shall  be  entitled  to  vote  thereat  for 
five  district  delegates  and  fifteen  delegates-at-large,  in  his  elec- 
tion district  and  not  elsewhere.  The  five  persons  receiving  the 
highest  number  of  votes  for  district  delegates  in  each  senate 
district  shall  be  elected  district  delegates.  The  fifteen  persons 
receiving  the  highest  number  of  votes  in  the  state  for  delegates- 
at-large  shall  be  elected  delegates-at-large. 

Nominations  of  delegates. 

£  4.  All  laws  not  inconsistent  with  this  act  regulating  the 
nomination  of  candidates  to  be  elected  by  the  electors  in  a 
senate  district  at  a  general  election  shall  be  applicable  to  the 
nomination  of  district  delegates,  and  all  laws  not  inconsistent 
with  this  act,  regulating  the  nomination  of  candidates  for  state 
offices  to  be  elected  at  a  general  election  shall  be  applicable  to 
the  nomination  of  delegates-at-large.  No  certificate  of  nomina- 
tion of  candidates  for  district  delegates  shall  name  more  than 
five  candidates  for  district  delegates,  and  no  certificate  of  nomi- 
nation for  delegates-at-large  shall  name  more  than  fifteen 
candidates  for  delegates-at-large. 

Printing  of  ballots  ;  canvass  of  votes. 

.§  5.  All  laws  not  inconsistent  with  this  act  regulating  the 
printing  of  the  ballots  and  canvass  of  the  votes  for  officers  to  be 
elected  by  the  electors  of  a  senate  district  at  a  general  election 
shall  be  applicable  to  the  printing  of  the  ballots  and  the  canvass 
of  the  votes  for  district  delegates  in  each  senate  district,  and 
regulating  the  printing  of  the  ballots  and  canvass  of  the  .votes 
for  state  officers  at  a  general  election  shall  be  applicable  to  the 
printing  of  the  ballots  and  canvass  of  the  votes  for  delegates-at- 
large;  and  the  names  of  the  fifteen  candidates  nominated  as 


CONSTITUTIONAL  CONVENTION.  3 

hereinbefore  provided  shall  be  printed  upon  the  official  ballots 
of  the  two  parties  hereinbefore  referred  to  in  section  three 
of  this  act. 

General  election  laws  applicable. 

£  0.  All  laws  not  inconsistent  with  this  act  regulating  the 
election  of  public  officers  at  general  elections  shall  be  applicable 
to  the  election  of  the  delegates  to  such  convention. 

Qualifications  of  delegates  ;  vacancies. 

•§  7.  The  electors  may  elect  as  a  delegate  any  male  or  female 
citizen  of  this  state  above  the  age  of  twenty-one  years.  In  case 
a  vacancy  occurs  by  reason  of  death,  resignation  or  otherwise,  ot 
any  district  delegate  so  elected,  the  same  shall  be  filled  at  a 
special  election  in  the  same  manner  as  a  vacancy  in  the  office  of 
a  state  senator,  and  all  the  provisions  of  law  relating  to  special 
elections,  so  far  as  the  same  are  applicable,  shall  apply  to  the 
cases  of  vacancy  in  the  office  of  district  delegates  herein  pro- 
vided for,  except  that  nothing  herein  contained  shall  limit  the 
time  within  which  such  election  shall  be  held  under  this  act. 
And  in  case  a  vacancy  occurs  in  the  office  of  delegate-at-large 
by  reason  of  the  death,  resignation  or  otherwise,  of  any  such 
delegate,  the  same  may  be  filled,  if  the  convention  so  direct,  by 
special  election,  in  Ite  same  manner  as  a  vacancy  in  the  office 
of  a  state  officer. 

Meeting;  officers  and  employes  of  convention. 

§  8.  The  delegates  so  chosen  shall  meet  in  convention  in  the 
assembly  chamber  at  the  capitol,  in  the  city  of  Albany,  on  the 
second  Tuesday  of  May,  eighteen  hundred  and  ninety-four,  at 
eleven  o'clock  in  the  forenoon.  They  shall,  by  ballot,  elect  one 
of  their  number  president,  and  shall  choose,  in  such  a  manner  as 
they  see  fit,  one  secretary,  who  may  appoint  three  assistants. 
The  president  of  the  convention  may  appoint  a  librarian  and 
one  assistant,  not  exceeding  eight  doorkeepers  and  fifteen  mes- 
sengers, and  shall  administer  the  constitutional  oath  of  office 
to  all  officers  of  the  convention.  The  convention  may  elect  a 
stenographer  and  fix  the  amount  of  his  compensation,  also  a 
sergeant-at-arms  and  one  assistant.  The  delegates  to  the  con- 
vention shall  be  entitled  to  the  sum  of  ten  dollars  per  day  for 
every  day  from  the  first  day  to  the  last  day  of  the  session  thereof, 
subject  to  such  rules  as  to  non-attendance  as  the  convention  may 


4  JOURNAL  OF  THE 

adopt,  and  the  same  mileage  as  is  now  paid  to  the  members  of 
the  legislature,  but  no  per  diem  shall  be  paid  for  any  recess 
longer  than  three  days  at  one  time,  nor  for  any  services  rendered 
after  the  fifteenth  day  of  September,  eighteen  hundred  and 
ninety-four.  The  secretary  shall  receive  ten  dollars  per  day 
and  the  assistants  six  dollars  per  day  and  mileage  as  aforesaid, 
and  the  doorkeepers  and  messengers,  librarian  and  an  assistant 
sergeant-at-arms  and  assistants,  shall  receive  the  same  compen- 
sation as  provided  by  law  for  similar  services  and  attendance 
upon  the  assembly.  The  amount  of  pay  shall  be  certified  by  the 
president  of  the  convention  and  shall  be  paid  by  the  treasurer 
of  the  state  on  the  warrant  of  the  comptroller,  in  the  same 
manner  as  members  of  the  legislature  are  paid.  It  shall  be  the 
duty  of  the  secretary  of  state  to  attend  said  convention  tit  the 
opening  thereof,  and  to  call  the  roll  thereof,  to  administer  the 
constitutional  oath  of  office  to  the  members,  and  to  preside  at 
all  meetings  thereof  until  a  president  has  been  elected  and  has 
taken  his  seat.  But  the  secretary  of  state  shall  have  no  vote 
therein.  All  public  officers,  boards  and  commissions  shall  furnish 
such  convention  with  all  such  information,  papers,  statements, 
books  or  other  public  documents  in  their  possession  as  the  said 
convention  shall  order  or  require  for  its  use  from  time  to  time 
while  in  session,  and  it  shall  be  the  duty  of  the  comptroller  to 
furnish  the  members  thereof  with  stationery  to  the  amount 
provided  by  law  for  members  of  the  legislature  while  in  session, 
and  to  the  convention  such  stationery  and  file-boards  and  other 
like  things  as  are  furnished  to  the  two  houses  of  the  legislature. 
And  such  convention  may  adopt  such  rules  and  regulations  for 
its  own  government  as  a  majority  of  its  members  may  deter- 
mine, and  it  shall  be  the  judge  of  the  election  and  qualification 
of  its  own  members.  And  it  shall  be  the  duty  of 
the  secretary  of  state,  attorney-general  and  comptroller, 
who  shall  be  in  office  on  the  first  day  of  January, 
eighteen  hundred  and  ninety-four,  to  cause  to  be  pre- 
pared and  ready  for  said  convention,  at  the  commencement  OL 
its  session,  a  suitable  manual,  two  copies  of  which  shall  be 
furnished  to  each  member  and  officer  of  the  said  convention,  and 
the  expense  of  which  shall  be  paid  by  the  treasurer  upon  the 
warrant  of  the  comptroller. 


CONSTITUTIONAL  CONVENTION.  5 

Proceedings  in  convention  ;  privileges  of  delegates. 

§  9.  A  journal  of  the  proceedings  of  said  convention  shall  be 
kept  and  shall  be  daily  printed  and  given  to  each  member,  and 
shall  at  the  final  adjournment  thereof,  be  filed  in  the  office  of  the 
secretary  of  state,  and  the  amendments  to  the  present  constitu- 
tion, or  the  constitution  agreed  to  by  said  convention  shall  be 
recorded  in  his  office.  A  majority  of  the  convention  shall  con- 
stitute a  quorum  to  do  business.  The  doors  of  the  convention 
shall  be  kept  open  to  the  public  during  all  its  sessions.  Every 
delegate  to  the  convention  shall  be  privileged  from  arrest  on  civil 
process  during  his  attendance  at  the  session  of  the  convention, 
except  on  process  issued  in  any  suit  brought  against  him  for  any 
forfeiture,  misdemeanor  or  breach  of  trust  in  any  office  or  place  of 
public  trust  held  by  him.  Each  delegate  shall  enjoy  the  like 
privilege  for  the  space  of  fourteen  days  before  and  after  any 
such  session,  and  during  adjournments  thereof.  Each  delegate 
shall  enjoy  the  like  privilege  while  absent  with  leave  of  the  con- 
vention. No  officer  of  the  convention,  while  in  actual  attendance 
upon  the  same,  shall  be  liable  to  arrest  on  civil  process.  For  any 
speech  or  debate  in  the  convention  the  members  shall  not  be  ques- 
tioned in  any  other  place.  The  convention  shall  have  the  power 
to  expel  any  of  its  members  and  to  punish  its  members  and  officers 
for  disorderly  behavior  by  imprisonment  or  otherwise,  but  no 
member  shall  be  expelled  until  the  report  oi'  a  committee 
appointed  to  inquire  into  the  facts  alleged  as  the  ground  for  his 
expulsion  shall  have  been  made.  The  convention  shall  have  the 
power  to  punish  as  a  contempt  and  by  imprisonment,  or  other- 
wise a  breach  of  its  privileges,  or  of  the  privileges  of  its  mem- 
bers; but  such  powers  shall  not  be  exercised,  except  against 
persons  guilty  of  one  or  more  of  the  following  offenses  : 

1..  The  offense  of  arresting  a  member  or  officer  of  the  conven- 
tion in  violation  of  his  privilege  from  arrest,  as  hereinbefore 
declared. 

2.  That  of  disorderly  conduct  in  the  immediate  view  and  pres- 
ence of  the  convention   and   directly  tending  to  interrupt  its 
proceedings. 

3.  That  of  publishing  any  false  and  malicious  report  of  the  pro- 
ceedings of  the  convention,  or  of  the  conduct  of  a  member  in  his 
delegated  capacity. 


6  JOURNAL  OF  THE 

4.  That  of  refusing  to  attend  or  be  examined  as  a  witness,  or 
to  produce  papers  and  documents  called  for  by  subpoena,  either 
before  the  convention  or  a  committee,  or  before  any  person  author- 
ized by  the  convention  or  by  a  committee,  to  take  testimony  in 
the  proceedings  of  the  convention. 

5.  That  of  giving  or  offering  a  bribe  to  any  member  or  of 
attempting  by  menace  or  any  other  corrupt  means  or  device, 
directly  or  indirectly,  to  control  or  influence  a  member  in  giving 
his  vote  or  to  prevent  him  from  giving  the  same.    In  all  cases  in 
which  the  convention  shall  piinish  any  of  its  members  or  officers, 
or  any  other  person,  by  imprisonment,  such  imprisonment  shall 
not  extend  beyond  the  session  of  the  convention.     Every  person 
appointed  to  the  office  of  secretary  of  the  convention  shall,  before 
he  enters  on  the  duties  of  his  office,  execute  a  bond  to  the  people 
of  this  State,  with  such  security  as  the  comptroller  shall  approve 
in  the  penal  sum  of  twenty-five  thousand  dollars,  conditioned  that 
he  shall  faithfully  perform  the  duties  of  his  office,  and  account  for 
all  moneys  which  may  come  to  his  hands  by  virtue  thereof. 

Submission  to  the  People. 

§  10.  The  said  amendments  or  revised  constitution  shall  be  sub- 
mitted by  the  convention  to  the  people  for  their  adoption  or 
rejection  at  the  general  election  in  November,  eighteen  hun- 
dred and  ninety-four,  and  all  laws  providing  for  or  regulat- 
ing the  submission  of  constitutional  amendments,  and  all  laws 
regulating  general  elections  so  far  as  the  same  are  applicable 
and  not  inconsistent  with  the  terms  of  this  act,  shall  apply  to 
such  election  ;  and  every  person  entitled  to  vote  for  member 
of  assembly  may  at  that  election  vote  on  such  adoption  or  rejec- 
tion in  the  election  district  in  which  he  shall  then  reside  and 
not  elsewhere.  The  said  amendments  or  the  said  constitution 
shall  be  voted  upon  as  a  whole  or  in  such  separate  propositions 
as  the  convention  shall  deem  practicable  and  as  the  convention 
shall  by  resolution  declare.  All  the  pravisions  of  the 
laws  of  this  state  in  relation  to  the  election  of  officers  at  a 
general  election  not  inconsistent  herewith  shall  apply  to  the  vot- 
ing thereon,  so  far  as  the  same  can  be  made  applicable  thereto; 
and  the  votes  so  given  shall  be  canvassed  and  all  the  proceedings 
shall  be  had  in  regard  to  them,  as  nearly  as  practicable,  in  the 
manner  prescribed  by  law  in  respect  to  the  votes  given  for 


CONSTITUTIONAL  CONVENTION.  7 

governor.  And  when  it  shall  be  ascertained  by  the  board  of  state 
canvassers  under  the  foregoing  provisions  that  any  proposition 
submitted  as  aforesaid  has  received  more  votes  in  its  favor  than 
have  been  cast  against  the  same,  then  that  proposition  shall  be 
declared  to  be  adopted,  either  as  the  constitution,  a  part  of  the 
constitution  or  an  amendment  to  the  present  constitution,  as  the 
case  may  be,  and  said  board  of  state  canvassers  shall  determine 
and  declare  by  certificate,  in  writing,  to  be  'lied  and  recorded  in 
the  office  of  the  secretary  of  state,  the  constitution  as  adoptedj 
revised  or  amended  and  the  same  shall  take  effect  from  and  after 
the  thirty-first  day  of  December,  eighteen  hundred  and  ninety- 
four,  unless  the  said  convention  shall  prescribe  some  other  time 
on  which  the  same  shall  take  effect,  and  the  convention  may  in 
its  discretion,  by  resolution,  fix  a  time  other  than  the  foregoing  ; 
and  each  of  the  said  amendments  which  shall  not  receive  a 
majority  of  all  the  votes  given  upon  it  at  the  same  election,  shall 
be  void  and  of  no  effect. 

Perjuries. 

§  11.  All  willful  and  corrupt  false  swearing,  in  taking  any  of 
the  oaths  prescribed  by  this  act,  or  by  the  laws  of  this  state  made 
applicable  to  this  act,  or  in  any  other  mode  or  form  in  carrying 
into  effect  this  act,  shall  be  deemed  perjury,  and  shall  be  pun- 
ished in  the  manner  now  prescribed  by  law  for  willful  and  cor- 
rupt perjury. 

Printing  and  Supplies  for  Convention. 

^  12.  The  comptroller  and  secretary  of  state  are  hereby 
authorized  and  required  in  the  month  of  March,  eighteen  hundred 
and  ninety-three,  to  receive  proposals  and  make  a  contract  for  all 
the  printing,  binding  and  other  supplies  necessary  for  said  con- 
vention, and  such  contract  shall  be  awarded  under  the  provisions 
of  the  legislative  law  regulating  legislative  printing,  so  far  as 
applicable  to  the  supply  of  the  printing,  binding  and  other  sup- 
plies necessary  for  said  convention. 

§  13.  This  act  shall  take  effect  immediately. 

STATE  OF  NEW  YOKK,  > 

Office  of  the  Secretary  of  State.  J  ss~' 

I  have  compared  the  preceding  with  the  original  law  on  file  in  this  office, 
and  do  hereby  certify  that  the  same  is  a  correct  transcript  therefrom  and  of 
the  whole  of  said  original  law. 

FRANK  RICE, 

Secretary  of  State. 


8  JOURNAL  OF  THE 

Also, 

AN  ACT  to  amend  chapter  eight  of  the  laws  of  eighteen  hundred 
and  ninety-three,  entitled  "  An  act  to  amend  chapter  three  hun- 
dred and  ninety-eight  of  the  laws  of  eighteen  hundred  and 
ninety -two,  entitled  'An  act  to  provided  for  a  convention  to 
revise  and  amend  the  constitution/ '' 

Became  a  law  March  31,  1894,  with  the  approval  of  the  Governor.  Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

Section  1.  Section  eight  of  said  act  is  hereby  amended  so  as 
to  read  as  follows  : 

§  8.  The  delegates  as  chosen  shall  meet  in  convention  in  the 
assembly  chamber  at  the  capitol  in  the  city  of  Albany,  on  the 
second  Tuesday  of  May,  eighteen  hundred  and  ninety-four,  at 
eleven  o'clock  in  the  forenoon.  They  shall  by  ballot  elect  from 
their  number  a  president  and  one  first  and  one  second  vice- 
president,  and  shall  choose,  in  such  manner  as  they  see  fit,  one 
secretary,  who  may  appoint  four  assistants.  The  president  of  the 
convention  may  appoint  a  librarian  and  one  assistant,  a  post- 
master, nine  clerks,  four  doorkeepers,  a  janitor  and  assistant,  ten 
messengers,  and  ten  pages,  and  shall  administer  the  constitutional 
oath  of  office  to  all  officers  of  the  convention,  and  also  to  all  the 
delegates,  not  sworn  by  the  secretary  of  state  at  the  organization, 
before  their  taking  part  in  said  convention.  The  president  may 
also  appoint  a  competent  clerk,  who  shall  act  as  clerk  for  the 
president,  and,  in  his  absence,  for  the  vice-president,  assuming 
the  president's  duties,  and  also  assist,  in  the  duties  of  chairman, 
the  vice-president  or  such  delegate  as  may  be  called  to  preside  in 
the  business  of  the  convention.  The  convention  may  elect  a 
stenographer  and  fix  the  amount  of  his  compensation,  also 
a  sergeant-at-arms,  and  one  assistant  The  delegates  to 
the  convention  shall  be  entitled  to  the  sum  of  ten  dollars 
per  day  for  every  day  from  the  first  day  to  the  last  day  of  the 
session  thereof,  subject  to  such  rules  as  to  non-attendance  as  the 
convention  may  adopt,  and  the  same  mileage  as  is  now  paid  to 
the  members  of  the  legislature;  but  no  per  diem  shall  be  paid  for 
any  services  rendered  after  the  fifteenth  day  of  September, 


CONSTITUTIONAL  CONVENTION.  9 

eighteen  hundred  and  ninety-four.  The  secretary  shall  receive 
ten  dollars  per  day,  and  the  assistant  secretaries  six  dollars 
per  day,  and  mileage  as  aforesaid,  and  the  clerks,  postmaster, 
doorkeepers,  janitor  and  assistant,  messengers  and  pages, 
librarian  and  assistant,  and  sergeant-at-arnis  and  assistant, 
shall  receive  the  same  compensation  as  provided  by  law  for 
similar  services  and  attendance  upon  the  legislature.  The 
amount  of  pay  shall  be  certified  by  the  president  of  the 
convention  and  shall  be  paid  by  the  treasurer  of  the  state,  on  the 
warrant  of  the  comptroller,  in  the  same  manner  as  members  of 
the  legislature  are  paid.  It  shall  be  the  duty  of  the  secretary  of 
state  to  attend  said  convention  at  the  opening  thereof,  to  call  the 
roll  thereof,  to  administer  the  constitutional  oath  of  office 
to  the  members,  and  to  preside  at  all  meetings  thereof  until 
a  president  has  been  elected  and  has  taken  his  seat;  but  the 
secretary  of  state  shall  have  no  vote  therein.  All  public  officers, 
civil  and  military,  and  all  boards  and  commissioners  shall 
promptly  furnish  said  convention  and  the  compiler  of  the 
manual  herein  required  to  be  furnished,  with  all  such  information, 
papers,  statements,  books,  or  other  public  documents  in  their 
possession,  as  the  said  convention  shall  order  or  require  for  its 
use,  from  time  to  time,  while  in  session,  and  it  shall  be  the  duty 
of  the  comptroller  to  furnish  the  members  thereof  with  stationery 
to  the  amount  provided  by  law  for  members  of  the  legislature 
while  in  session,  and  to  the  convention  such  stationery,  file- 
boards  and  other  like  things  as  are  furnished  to  the  members  of 
the  legislature.  Such  convention  may  adopt  such  rules  and  regu- 
lations for  its  own  government  as  a  majority  of  its  members  may 
determine,  and  shall  be  the  judge  of  the  election  and  qualifica- 
tion of  its  own  Members.  It  shall  be  the  duty  of  the  secretary 
of  state,  attorney-general  and  comptroller,  who  shall  be  in  office 
on  the  first  day  of  January,  eighteen  hundred  and  ninety- 
four,  to  appoint  a  compiler  who  shall  cause  to  be  prepared  and 
ready  for  said  convention,  at  the  commencement  of  its  session,  a 
suitable  manual,  two  copies  of  which  shall  be  furnished  to 
each  member  and  officer  of  said  convention,  and  also  suitable 
compilations  for  reference,  to  be  supplied  in  same  number  as 
said  manual,  as  early  in  the  session  of  said  convention  as  pos- 
sible, and  the  expense  of  such  manual  and  compilations  shall 
be  audited  by  said  state  officers  and  paid  from  the  sum  now, 


10  JOURNAL  OF  THE 

or  to  be,  appropriated  for  the  expenses  of  said  convention,  by 
the  treasurer  upon  the  warrant  of  the  comptroller.  The  com- 
piler of  said  manual  shall  have  full  charge,  direction  and  author- 
ity of  the  indexing,  publication,  printing  and  binding  of  said 
manual  and  compilations  for  reference.  Said  compiler  shall  fur- 
ther have  full  charge  to  direct  and  to  authorize,  upon  conditions 
to  be  fixed  by  said  convention,  and  in  conformity  with  the  con- 
tract heretofore  entered  into  by  the  comptroller  and  secretary 
of  state  on  behalf  of  the  state,  the  indexing,  publication,  print- 
ing and  binding  of  the  documents,  proceedings,  journals  and 
other  printing  and  publications  of  said  convention,  during  and 
after  the  close  thereof;  and  the  expense  thereof  shall  be  certified 
by  him  to  the  comptroller,  and  after  being  audited  by  the  comp- 
troller, shall  be  paid  out  of  any  moneys  appropriated  for  the 
convention.  Said  compiler  and  the  present  deputy  appointed  by 
him,  shall  hold  office  until  the  above  described  work  shall  be 
completed. 

§  2.     This  act  shall  take  effect  immediately. 

STATE  OF  NEW  YORK,          j 
Office  of  the  Secretary  of  State,  f  ss': 

I  have  compared  the  preceding  with  the  original  law  on  file  in  this  office, 
and  do  hereby  certify  that  the  same  is  a  correct  transcript  therefrom  and  of 
the  whole  of  said  original  law. 

JOHN  PALMER, 

Secretary  of  State. 

The  Secretary  of  State,  Hon.  John  Palmer,  attended  in  person, 
and  called  the  Convention  to  order. 

The  proceedings  of  the  Convention  were  then  opened  with 
prayer  by  Kev.  Walton  W.  Batter  shall,  of  Albany. 

The  members,  as  certified  by  the  Board  of  State  Canvassers 
and  furnished  by  the  Secretary  of  State,  whose  names  in  the 
following  list  are  not  marked  with  an  asterisk,  being  a  quorum, 
appeared  in  the  Assembly  Chamber,  and  the  Constitutional  oath 
of  office  was  administered  to  them  by  the  Secretary  of  State,  as 
follows : 


STATE  OF  NEW  YOKK,  ss: 

We,  the  Secretary  of  State,  Comptroller,  Treasurer,  Attorney- 
General  and  State  Engineer  and  Surveyor,  having  formed  a  Board 
of  State  Canvassers,  and  having  canvassed  and  estimated  the 


CONSTITUTIONAL  CONVENTION.  11 

whole  number  of  votes  given  for  Delegates-at-Large  to  Consti- 
tutional Convention  at  the  general  election,  held  in  said  State, 
on  the  seventh  day  of  November,  1893,  according  to  the  certified 
statements  of  the  said  votes  received  by  the  Secretary  of  State, 
in  the  manner  directed  by  law,  do  hereby  determine,  declare  and 
certify  that  Joseph  H.  Choate,  Elihu  Root,  Edward  Lauterbach, 
Jesse  Johnson,  Frederick  W.  Holls,  Michael  H,  Hirschberg,  J. 
Rider  Cady,  John  T.  McDonough,  John  M.  Francis,  John  F. 
Parkhurst,  Commodore  P.  Vedder,  John  I.  Gilbert,  Augustus 
Frank,  William  P.  Goodelle  and  Daniel  H.  McMillan  were,  by 
the  greatest  number  of  votes  given  at  the  said  election,  duly 
elected  Delegates-at-Large  to  Constitutional  Convention  of  the 
said  State. 

Given  under  our  hands,  at  the  office  of  the  Secretary  of  State 
of  said  State,  in  the  city  of  Albany,  the  thirteenth  day  of 
December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  ninety-three. 

FRANK  RICE, 

Secretary  of  State. 
FRANK  CAMPBELL, 

Comptroller. 

ELLIOT  DANFORTH, 

Treasurer. 
SIMON  W.  ROSENDALE, 

Attorney-General. 

MARTIN  SCHENCK, 

State  Engineer  and  Surveyor. 

STATE  OF  NEW  YORK,         ( 
OFFICE  OF  THE  SECRETARY  OF  STATE,  )  Ss°  ' 

I  certify  that  I  have  compared  the  foregoing  with  an  original 
statement  filed  in  this  office,  and  that  the  same  is  a  correct 
transcript  therefrom,  and  of  the  whole  of  such  original. 

Given  under  my  hand  and  seal  of  office,  at  the  city  of  Albany, 
this  8th  day  of  May,  1894. 

JOHN  PALMER, 

Secretary  of  State. 


12  JOURNAL  OF  THE, 

STATE  OF  NEW  YOEK,  ss: 

We,  the  Secretary  of  State,  Comptroller,  Treasurer,  Attorney- 
General  and  State  Engineer  and  Surveyor  of  said  State,  having 
formed  a  Board  of  State  Canvassers,  and  having  canvassed  and 
estimated  the  whole  number  of  votes  given  for  District  Delegates 
to  Constitutional  Convention,  in  the  several  Senate  districts  of 
said  State,  at  the  general  election  held  in  said  State,  on  the 
seventh  day  of  November,  1893,  according  to  the  certified 
statements  of  the  said  votes  received  by  the  Secretary  of  State, 
in  the  manner  directed  by  law,  do  hereby  determine,  declare  and 
certify  that  the  following  named  persons  respectively,  by  the 
greatest  number  of  votes  given  in  the  said  several  Senate  districts 
of  the  said  State,  at  the  said  election,  were  duly  elected  District 
Delegates  to  Constitutional  Convention  of  this  State,  to  wit: . 

FIRST  SENATE  DISTRICT. — Lucius  N.  Mauley,  Frederick 
Storm,  Charles  L.  Phipps,  Nicoll  Floyd,  Nathaniel  S.  Ackerley. 

SECOND  SENATE  DISTRICT.— Mirabeau  Lamar  Towns,  Wil- 
liam H.  Cochran,  John  G.  Schumaker,  John  B.  Meyenborg,  Almet 
F.  Jenks. 

THIRD  SENATE  DISTRICT.—  Stephen  B.  Jacobs,  Henry  A. 
Powell,  William  H.  Allaben,  Solomon  Galinger,  Charles  B. 
Morton. 

FOURTH  SENATE  DISTRICT.— Joseph  C.  Hecker,  Frank  H. 
Vogt,  William  A.  Faber,  Andrew  Frank,  Robert  M.  Johnston. 

FIFTH  SENATE  DISTRICT.— William  D.  Veeder,  William 
Sullivan,  Thomas  J.  Farrell,  William  B.  Davenport,  *  John  Cooney. 

SEVENTH  SENATE  DISTRICT.— *  William  C.  Whitney, 
Wright  Holcomb,  De  Lancey  Nicoll,  John  M.  Bowers,  Arthur  D. 
Williams. 

EIGHTH  SENATE  DISTRICT.— ^Tohn  Bigelow,  Frank  T. 
Fitzgerald,  *  Leonard  A.  Giegerich,  Elliot  Sandford,  Morris 
Tekulsky. 

NINTH  SENATE  DISTRICT.— Joseph  M.  Ohmeis,  *  Joseph 
Koch,  Charles  Goeller,  Aaron  Herzberg,  Henry  D.  Hotchkiss. 

TENTH  SENATE  DISTRICT.— Gideon  J.  Tucker,  Delos  Mc- 
Curdy,   Charles   H.    Truax,   William   Q.    Titus,   James   W.   M< 
Laughlin. 


CONSTITUTIONAL  CONVENTION.  13 

ELEVENTH  SENATE  DISTRICT.— Robert  E.  Deyo,  M. 
Warley  Platzek,  Francis  Forbes,  *  Nelson  J.  Waterbury,  William 
P.  Burr. 

TWELFTH  SENATE  DISTRICT.— Nelson  Smith,  William 
McM.  Speer,  Jacob  Marks,  John  D.  Criminins,  David  McClure. 

THIRTEENTH  SENATE  DISTRICT.— Andrew  H.  Green, 
James  P.  Campbell,  Joseph  I.  Green,  Eugene  Durnin,  Thomas 
Gilleran. 

FOURTEENTH  SENATE  DISTRICT.— Charles  W.  Dayton, 
Michael  J.  Mulqueen,  John  A.  Deady,  Stephen  S.  Blake,  Chauncey 
S.  Truax. 

FIFTEENTH  SENATE  DISTRICT.— Andrew  C.  Fields,  Wil- 
liam Church  Osborn,  William  T.  Emmet,  Adolph  C.  Hottenroth, 
John  Gibney. 

SIXTEENTH  SENATE  DISTRICT.— William  D.  Dickey, 
Henry  W.  Wiggins,  *  Willard  H.  Mase,  Charles  W.  H.  Arnold,  Ira 
M.  Hedges. 

SEVENTEENTH  SENATE  DISTRICT.— John  A.  Griswold, 
George  L.  Danforth,  Jacob  M.  Maybee,  Howard  Chipp,  Jr.,  George 
H.  Bush. 

EIGHTEENTH  SENATE  DISTRICT.— Rosw ell  A.  Parinenter, 
John  H.  Peck,  William  J.  Roche,  Amos  H.  Peabody,  Edwin  C. 
Rowley. 

NINETEENTH  'SENATE  DISTRICT.— A.  Bleecker  Banks, 
Edwin  Countryman,  Peter  A.  Rogers,  William  Kimmey,  Dennis 
P.  Kerwin. 

TWENTIETH  SENATE  DISTRICT.— Abram  P..  Steele, 
Edward  A.  Brown,  Walter  L.  Van  Denbergh,  Charles  C.  Lester, 
Edward  C.  Whitmyer. 

TWENTY-FIRST  SENATE  DISTRICT.— Chester  B.  McLaugh- 
lin,  Charles  H.  Moore,  Edgar  A.  Spencer,  Frederick  Fraser, 
Thomas  W.  McArthur. 

TWENTY-SECOND  SENATE  DISTRICT.— Vasco  P.  Abbott, 
John  G.  Mclntyre,  William  H.  Baker,  William  H.  Steele,  Elon  R. 
Brown. 

TWENTY-THIRD  SENATE  DISTRICT.— Henry  J.  Cookinham, 
John  C.  Davies,  Charles  S.  Mereness,  James  W.  Barnum,  Abra- 
ham L.  Kellogg. 


14  JOURNAL  OF  THE 

TWENTY-FOURTH  SENATE  DISTRICT.— D.  Gerry  Welling- 
ton, Ceylon  H.  Lewis,  Louis  Marshall,  George  Barrow,  Thomas  G. 
Alvord. 

TWENTY-FIFTH  SENATE  DISTRICT.— Charles  A.  Fuller, 
William  J.  Mantanye,  Abrarn  C.  Crosby,  H.  Austin  Clark,  George 
F.  Lyon. 

TWENTY-SIXTH  SENATE  DISTRICT.— John  W.  O'Brien, 
Henry  R.  Durfee,  Frank  H.  Hamlin,  Frank  E.  Tibbetts,  George 
R.  Corn  well. 

TWENTY-SEVENTH  SENATE  DISTRICT.— William  H. 
Nichols,  Milo  M.  Acker,  Charles  R.  Pratt,  Owen  Cassidy,  Charles 
A.  Hawley. 

,  TWENTY-EIGHTH  SENATE  DISTRICT.— Nathaniel  Foote, 
Merton  E.  Lewis,  John  A.  Barhite,  George  W.  Clark,  James  H. 
Redman. 

TWENTY-NINTH  SENATE  DISTRICT.— Nathan  A.  Wood- 
ward, Lockwood  R.  Doty,  Myron  L.  Parker,  William  Pool,  I.  Sam 
Johnson. 

THIRTIETH  SENATE  DISTRICT.— Philip  W.  Springweiler, 
William  Turner,  James  S.  Porter,  *  Charles  Beckwith,  Herman  F. 
Trapper. 

THIRTY-FIRST  SENATE  DISTRICT.— Henry  W.  Hill,  Tracy 
C.  Becker,  John  Coleman,  George  A.  Davis,  Jonathan  W.  Carter. 

THIRTY-SECOND  SENATE  DISTRICT.— Benjamin  S.  Dean, 
Louis  McKinstry,  Charles  Z.  Lincoln,  Oscar  A.  Fuller,  Frank  B. 
Church. 

Given  under  our  hands,  at  the  office  of  the  Secretary  of  State  . 
of  said  State,  in  the  city  of  Albany,  the  thirteenth  day  of 
December,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  ninety-three. 

FRANK  RICE,  ' 

Secretary  of  State. 
FRANK  CAMPBELL, 

Comptroller. 
ELLIOT  DANFORTH, 

Treasurer. 
SIMON  W.  ROSENDALE, 

Attorney-General. 
MARTIN  SCHENCK, 

State  Engineer  and  Surveyor. 


CONSTITUTIONAL  CONVENTION.  15 

STATE  OF  NEW  YORK, 
OFFICE  OF  THE  SECRETARY  OF  STATE, 

I  certify  that  I  have  compared  the  foregoing  with  an  original 
statement  filed  in  this  office,  and  that  the  same  is  a  correct  tran- 
script therefrom,  and  of  the  whole  of  such  original,  with  the  excep- 
tion as  to  the  statement  as  to  votes  cast  in  the  Sixth  Senatorial 
District  and  the  declaration  of  the  election  of  candidates  to  the 
office  of  District  Delegates  to  Constitutional  Convention  in  said 
district  which  were  omitted  by  order  of  the  Supreme  Court. 

Given  under  my  hand  and  seal  of  office,  at  the  city  of  Albany, 
this  8th  day  of  May,  1894. 

JOHN  PALMEE, 

Secretary  of  State. 

The  Secretary  of  State  then  announced  that  a  quorum  being 
present,  and  having  taken  the  Constitutional  oath,  the  Convention 
was  ready  for  business. 

Whereupon  Mr.  Eoot  moved  that  the  Convention  proceed  to 
elect  by  ballot  a  president,  and  that  two  tellers  be  appointed  by 
the  chair  to  count  the  ballots. 

Mr.  Secretary  put  tin*  question  on  said  motion,  and  it  was  decided 

*'Tie  affirmative, 
he  Secretary  then  appointed  Mr.  De  Lancey  Nicoll,  of  New 
York,  and  Mr.  C.  P.  Vedder,  of  Cattaraugus,  as  tellers. 

Mr.  Root  placed  in  nomination  for  President,  Mr.  Joseph  H. 
Choate,  of  New  York. 

The  Convention  then  proceeded  to  the  election  of  a  President 
with  the  following  result  as  announced  by  the  tellers: 

Total  number  of  votes 154 

of  which 

Joseph  H.  Choate,  received 124 

John  Bigelow  received   8 

Andrew  H.  Green  received 8 

Wright  Holcornb  received 2 

Nelson  Smith  received 2 

Gideon  J.  Tucker  received  2 

De  Lancey  Nicoll  received 2 

Edwin   Countryman    received    1 

R.  A.  Parmenter  received  1 


16  JOURNAL  OF  THE 

David  McClure  received   1 

W.  D.  Veeder  received 1 

Mirabeau  L.  Towns  received 1 

John  H.  Peck  received 1 

Mr.  Joseph  H.  Choate  having  received  a  majority  of  all  the 
votes  cast,  was  duly  elected  President  of  the  Convention. 

Mr.  Secretary  appointed  Mr.  Root,  of  New  York,  and  Mr.  Country- 
man, of  Albany,  a  committee  to  conduct  the  President  to  the 
chair. 

The  President,  on  taking  the  chair,  addressed  the  Convention 
as  follows: 

Gentlemen  of  the  Convention. —  I  should  be  false  to  every  manly 
instinct  if  I  were  not  overcome  with  the  emotions  of  gratitude 
at  being  called  upon  by  such  a  generous  vote  by  the  combined 
delegates  of  the  State  of  New  York  to  preside  over  this  Conven- 
tion, to  perform  the  almost  impossible  duties  of  the  office  except 
as  it  shall  be  rendered  possible  by  your  confidence,  aid  and  sup- 
port. Gentlemen,  it  is  a  truly  mornentious  event  when  the  dele- 
gates of  a  State  of  many  millions  of  people  gather  together  after 
an  interval  of  fifty  years  almost  for  the  purpose  of  revising  and 
amending  the  fundamental  law  of  the  State.  It  is  true  that  there 
was  an  intermediate  convention  in  1867,  most  of  whose  work  was 
rejected  by  the  people;  and  to  this  day,  we  have  been  living  and 
prospering  under  the  Constitution  proposed  by  the  Convention  of 
1846  and  then  adopted!  by  a  majority  of  the  people.  Great  changes 
have  taken  place  since  that  day;  our  population  has  multiplied 
over  and  over;  the  wealth  of  the  State  has  magnified  to  an  enor- 
mous degree;  the  habits  and  customs  of  the  people  have  largely 
changed.  And  yet  I  call  your  attention  to  the  fact  that  under 
this  Constitution  that  we  are  now  called  upon  to  amend  there  has 
been  a  general,  uniform  ever  advancing  prosperity,  comfort  and 
well  being  of  the  people  of  this  State.  And  so,  although  it  may 
not  be  for  me  to  indicate  or  suggest  how  far  the  work  of  this  Con- 
vention shall  be  extended,  I  may,  perhaps,  be  indulged  in  one  or 
two  suggestions  that  are  pertinent  to  this  moment.  And  in  the 
first  place  as  to  the  spirit  in  which  our  deliberations  should  from 
this  moment  be  conducted;  it  is  true  we  come  here  sent  by 
different  parties,  but  after  all  elected  only  as  the  servants  of  the 
people  and  to  perform  their  work.  And  if  I  am  not  mistaken,  we 


CONSTITUTIONAL  CONVENTION.  17 

have  met  with  the  purpose  to  act  not  as  partisans,  not  as  poli- 
ticians, but  only  as  citizens  and  servants  of  the  people.  And  I 
believe  that  on  the  discussion,  consideration  and  decision  of  the 
great  questions  of  policy  and  principle  that  shall  come  before  us 
we  shall  not  be  actuated  by  any  partisan  spirit  whatever. 

This  Constitution  we  are  not  commissioned,  as  I  understand  it, 
to  treat  with  any  rude  or  sacriligous  hands.  To  its  general  feat- 
ures, the  statutes,  the  judicial  decisions,  the  habits  of  this  great 
people  have  long  been  accustomed  and  adopted,  and  it  seems  to 
me  that  we  should  be  false  to  our  trust  if  we  entered  upon  any 
attempt  to  tear  asunder  this  structure  which,  for  so  many  years, 
has  satisfied  in  the  main,  the  wants  of  the  people  of  the  State  of 
New  York.  And  yet,  gentlemen,  there  are  certain  great  ques- 
tions, which  we  are  to  consider,  which  stare  us  in  the  face  at  the 
very  outset  of  our  proceedings  and  will  continue  to  employ  our 
minds  until  the  day  of  our  final  adjournment.  There  is  the  great 
and  important  question  of  a  reapportionment  of  the  districts  of 
the  State.  I  am  innocent  enough  to  believe  that  even  upon  that 
question,  which  might  naturally  agitate  and  arouse  party  feeling, 
this  Convention  will  be  courageous  and  virtuous  enough  to  unite 
upon  an  apportionment  which  shall  be  at  once  honest,  fair  and 
just  to  all  the  districts  and  all  the  people  of  the  State.  And  then 
there  is  that  second  question,  forced  upon  our  attention  by  the 
changed  condition  of  our  municipal  affairs,  that  is  to  say,  what 
we  can  do,  if  we  can  do  anything,  to  restore  government  which 
shall  be  Democratic  Government  and  truly  Republican  Govern- 
ment to  the  people  of  the  great  cities  of  this  vast  commonwealth. 
It  is  not  for  me  to  suggest  any  possible  measures,  but  it  will  be 
strange  indeed  if  the  assembled  wisdom  of  the  delegates  of  this 
great  State  shall  fail  in  uniting  upon  some  provisions  that  shall 
enable  the  people  of  the  great  cities  of  this  State,  each 
to  conduct  and  govern  its  own  affairs  without  the  necessity  of 
perpetually  resorting  to  legislative  interference  and  aid.  The 
relief  of  the  Court  of  Appeals  is  also  a  most  important  subject. 
And  then  there  is  the  great  question  of  the  protection  of  the 
purety  of  the  suffrage.  Strange  indeed  it  will  be  if  we  shall  meet 
and  sit  together  for  four  or  five  months!  and  separate  without 
being  able  to  throw  some  new  safeguards  around  the  purity  of 
the  ballot  and  to  rescue  our  people  from  these  shocking  scenes 
almost  amounting  to  anarchy,  which  have  recently  disgraced  the 


18  JOURNAL  OF  THE 

polls  in  various  sections  of  the  State.  It  is  very  likely  that  our 
committee  on  suffrage  will  be  called  upon  to  deal  with  another 
very  delicate  question  (laughter);  in  its  nature  the  most  delicate 
of  which  human  nature  admits.  I  have  no  doubt  that  the 
demands  of  those  who  call  for  an  extension  of  the  suffrage  to  all 
human  beings  without  regard  to  sex  will  receive  at  last  the 
respectful  attention  and  consideration  of  this  Convention  in  its 
appropriate  time. 

And  then,  gentlemen,  there  is  one  other  subject  of  universal  con- 
cern; I  mean  the  great  subject  of  education;  the  protection,  the 
fostering  and  permanent  establishment  of  our  common  schools; 
and  the  discussion  is  perhaps  the  decision  of  that  other  delicate 
and  difficult  question,  whether  either  due  protection  requires,  and 
how  far  it  requires,  the  retention  of  all  public  moneys  from  all 
rival  sectarian  institutions  of  learning. 

And  will  it  be  a  reflection  upon  -that  legislative  body  that 
usually  meets  here  and  in  the  adjoining  hall  if  I  suggest  also 
that  it  will  be  possible  to  devise  some  methods  for  the  regulation 
of  legislation  so  that  a  brea'hiny  ;nterval  of  at  least  one  hour  or 
one  day  for  consideration  shall  be  allowed  to  the  members  of  the 
Legislature  and  the  people  who  are  watching  their  movements 
at  every  step  in  the  progress  of  a  tyll,  from  its  introduction  to  its 
final  passage. 

I  think  it  would  be  beyond  my  province  to  make  any  other  sug- 
gestions. We  have  but  little  time  to  perform  the  great  duties 
which  are  imposed  upon  us.  Would  that  we  could  subject  our- 
selves to  a  self-denying  ordinance,  so  that  three-fourths  or  nine- 
tenths  of  that  time  should  not  be  spent  in  idle  talk.  We  come 
here  to  act,  to  think,  and  to  vote.  Let  us  put  some  restraint  upon 
our  tongues.  I  have  no  doubt  that  this  Convention  will  be  made 
the  place  of  deposit  of  a  vast  number  of  crude  and  undigested 
schemes,  projects,  ideas,  indicating  every  method  of  modern 
thought;  all  of  which  will  have  to  be  respectfully  received.  But 
will  it  be  out  of  place  for  me  to  indulge  the  hope  that  no  great 
part  of  our  valuable  time  will  be  wasted  in  the  consideration  of 
projects  which  at  the  outset  by  the  vast  majority  of  the  Conven- 
tion and  the  community,  must  be  recognized  as  utterly  imprac- 
ticable. 

And  now,  gentlemen,  renewing  the  expression  of  my  thanks  for 
the  confidence  which  you  have  shown  me,  invoking  your  aid  and 


CONSTITUTIONAL  CONVENTION.  19 

support  at  every  step  in  the  progress  of  this  Convention,  urging 
you  as  I  promise  myself,  to  lay  aside  all  other  occupations,  all 
other  engagements,  and  to  devote  the  time  allotted  to  the  business 
of  this  Convention  absolutely  to  its  pursuit  and  performance. 
Let  us  proceed  to  the  further  business  of  the  Convention  with 
this  common  purpose  only,  not  to  act  as  partisans,  but  only  as 
citizens  and  with  one  heart  for  the  common  welfare  of  the  people 
of  this  State. 

Mr.  President  announced  the  next  business  in  order  to  be  the 
election  of  a  First  Vice-President. 

Mr.  Goodelle,  of  Onondaga,  then  placed  in  nomination  Thomas 
G.  Alvord,  of  Onondaga,  for  said  office. 

Mr.  Bowers,  of  New  York,  placed  in  nomination  John  Bigelow, 
of  New  York,  for  said  office. 

Mr.  President  appointed  as  tellers  Mr.  Davies,  of  Oneida,  and 
Mr.  Tekulsky,  of  New  York. 

The  Convention  then  proceeded  to  the  election  of  a  First  Vice- 
President,  with  the  following  result  as  announced  by  the  tellers  : 

Toi  al  vote  cast 162 

of  which 

Thomas  G.  Alvord  received 97 

John  Bigelow  received 62 

Deyo    received 1 

Blank  received 2 

Mr.  Thomas  G.  Alvord,  having  received  a  majority  of  the  votes 
cast, 

The  President  declared  Thomas  G.  Alvord  elected  First  Vice- 
President  of  the  Convention. 

Mr.  President  then  announced  the  next  business  in  order  to  be 
the  election  of  a  Second  Vice-President  of  the  Convention. 

Whereupon  Mr.  i3aker,  of  Oswego,  placed  in  nomination  Mr. 
William  H.  Steel e,  of  Oswego,  for  said  office. 

Mr,  President  requested  the  same  tellers,  Mr.  Davies  and  Mr. 
Tekulsky,  to  act  as  tellers. 

The  Convention  then  proceeded  to  the  election  of  a  Second  Vice- 

Rident  with  the  following  result,  as  announced  by  the  tellers  : 


20  JOURNAL  OF  THE 

Total  vote  cast 95 

of  which 

W.  H.  Steele  received 80 

Edwin  Countryman  received 3 

John  Bigelow  received , 2 

Delos  McCurdy  received 1 

Peter  A.  Rogers  received 1 

H.  A.  Powell  received 1 

John  A.  Griswold  received 1 

Chauncey  S.  Truax 1 

Andrew  H.  Green  received 1 

Blank    - 4 

Mr.  William  H.  Steele,  of  Oswego,  having  received  a  majority 
of  the  votes  cast, 

Mr.  President  declared  Mr.  William  H.  Steele  elected  as  Second 
Vice-President  of  the  Convention. 

Mr.   President   then   administered   the  oath   of   office   to   Mr. 
Alvord  and  Mr.  Steele. 

Mr.  Barhite,  of  Monroe,  offered  a  resolution  in  words  following  : 

Resolved,  That  Charles  E.  Fitch  be  elected  Secretary  of  this 

Convention. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  iii  the  affirmative. 

The  President  declared  Charles  E.  Fitch  duly  elected  Secre- 
tary of  the  Convention. 

Mr.  President  then  administered  the  oath  of  office  to  Mr.  Fitch. 
Mr.  Lincoln  offered  a  resolution  in  words  following  : 

Resolved,  That  Herbert  A.  Briggs,  of  Erie  county,  be  elected 
stenographer  of  this  Convention. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Lester  offered  a  resolution  in  words  following  : 
Resolved,  That  William  W.  Bennett,  of  Saratoga  county,  be 
elected  Sergeant-at-Anns  of  this  Convention. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  21 

Mr.  Acker  offered  a  resolution  in  words  following  : 
Resolved,  That  John  McElroy,  of  Steuben  county,  be  elected 
Assistant  Sergeant-at-Arms  of  this  Convention. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  then  administered  the  oath  of  office  to  Herbert 
A.  Bdggs  and  William  W.  Bennett 

Mr.  J.  Johnson  offered  a  resolution  in  words  following  : 
Resolved,  That  all  propositions  and  resolutions  to  amend  the 

Constitution  be  referred  without  debate  to  the  appropriate  com- 

mitteee  when  appointed. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was* 
determined  in  the  affirmative. 

Mr.  Morton  presented  a  petition  from  William  H.  Davis,  Henry 
J.  Brown,  Christian  F.  Gull,  Luther  W.  Emerson  and  George  W. 
Tompkins,  contesting  the  seats  now  held  by  Mirabeau  Lainar 
Towns,  William  H.  Cochran,  John  G.  Schu maker,  John  B.  Mey- 
enborg,  and  Almet  F.  Jenks,  as  delegates  from  the  Second  Senate 
District,  which  was  referred  to  the  committee  on  privileges  and 
elections  when  appointed. 

Also  a  petition  from  John  C.  Kinkel,  Charles  L.  Pashley,  Wil- 
liam Deterling,  J.  Lott  Nostrand  and  Charles  J.  Kurth,  contest- 
ing the  seats  now  held 'by  James  W.  Riggs,  Eugene  A.  Curran, 
George  W.  Roderick,  William  M.  Mullen  and  Thomas  W.  Fitz- 
gerald, as  delegates  from  the  Sixth  Senate  District,  which  was 
referred  to  the  committee  on  privileges  and  elections  when 
appointed. 

Mr.  Becker  presented  a  petition  of  Thomas  A.  Sullivan,  ask- 
ing that  he  be  awarded  one  of  the  seats  for  which  certificates  of 
election  have  heretofore  been  issued  to  Charles  Beckwith  and 
Herman  F.  Trapper,  as  delegates  to  this  Convention,  from  the 
Thirtieth  Senate  District. 

Referred  to  the  committee  on  privileges  and  elections  when 
appointed. 

Also  petition  of  Harvey  W.  Putnam,  asking  that  he  be  awarded 
one  of  the  seats  for  which  certificates  of  election  have  heretofore 
been  issued  to  Charles  Beckwith  and  Herman  F.  Trapper  as 
delegates  to  this  Convention,  from  the  Thirtieth  Senate  District. 


22  JOURNAL  OF  THE 

Referred  to  the  committee  on  privileges  and  elections  when 
appointed. 

Mr.  M.  E.  Lewis  offered  a  resolution  in  words  following: 

Resolved,  That  the  rules  of  the  Assembly  of  the  State  of  New 
York,  be  adopted  temporarily,  as  the  rules  of  this  Convention ;  to 
continue  in  force  until  permanent  rules  shall  be  adopted. 

Mr.  Cochran  moved  to  amend  said  resolution  by  striking  out 
all  after  the  word  "Resolved,"  and  inserting  in  lieu  thereof,  the 
following  : 

"That  the  rules  as  printed  in  the  Convention  Manual,  prepared 
by  the  official  compiler,  be  accepted  as  the  temporary  rules  of 
this  Convention,  until  otherwise  ordered." 

Mr.  Lewis  accepted  the  amendment  offered  by  Mr.  Cochran. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Root  offered  a  resolution  in  words  following 

Resolved,  That  the  President  appoint  a  committee  on  rules 
to  consist  of  seven  members,  and  that  the  President  be  an 
additional  member  and  chairman  ex  officio. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Hirschberg  offered  a  resolution  in  words  following: 
Resolved,  That  a  committee  on  privileges  and  elections,  to 
consist  of  eleven  members,  be  appointed  by  the  President,  with 
full  power  to  investigate  and  report  to  the  Convention  in  each 
contest  for  seats,  now  existing  or  which  may  arise;  that  said  com- 
mittee be  and  they  hereby  are  authorized  to  appoint  one  or  more 
sub-committees  from  among  their  number,  and  said  committee 
and  sub-committees  are  hereby  each  empowered  to  take  testi- 
mony in  such  contests,  to  require  and  enforce  by  subpoena,  the 
presence  of  witnesses  and  the  production  of  papers  and  docu- 
ments, to  employ  the  services  of  a  stenographer,  and  to  meet  in 
the  district  or  districts  in  which  the  seat  or  seats  contested  may 
be  located,  or  elsewhere. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  appointed  the  following  as  the  committee  on 
rules : 


CONSTITUTIONAL  CONVENTION.  23 

Messrs.  President,  Root,  McMillan,  Davies,  Acker,  Bowers, 
Deyo,  McClure,  Griswold. 

Mr.  President  appointed  Joseph  S.  Saunders,  of  Rensselaer 
county,  as  Postmaster  of  this  convention. 

On  motion  of  Mr.  Lauterbach,  at  1.50,  the  Convention  took  a 
recess  until  half-past  three. 


, 


AFTERNOON  SESSION. 

At  3.30  P.  M.  the  Convention  again  met. 
Mr.  Davenport  offered  a  resolution  in  words  following: 
Resolved,   That  the  members  of  this  Convention,  who   were 
members  of  the  last  Constitutional  Convention,  be  permitted  to 
select  their  seats  in  advance  of  any  drawing  for  them. 

Mr.  Becker  moved  to  amend  said  resolution  by  inserting  after 
the  word  "  Convention  "  the  words  "  and  the  Vice-Presidents  of 
this  Convention." 

Mr.  Davenport  accepted  the  amendment? 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Acker  moved  that  Mr.  Griswold,  of  Greene,  be  allowed  to 
choose  his  seat  on  account  of  deafness. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  McClure  offered  a  resolution  in  words  following 
Resolved,  That  when  the  Convention  adjourn  to-day,  the  mem- 
bers proceed  in  a  body,  headed  by  the  President  and  Vice-Presi- 
dents, to  the  executive  chamber,  and  be  presented  to  the  Governor 

of  the  State. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Powell  moved  that  the  drawing  of  seats  be  conducted  by 
Senate  Districts. 

Mr.  Kellogg  moved  to  lay  the  motion  on  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Kellogg, 

id  it  was  determined  in  the  affirmative. 


and  it  was 


24  JOURNAL  OF  THE 

Mr.  Durnin  moved  that  a  committee  of  two  be  appointed  to 
examine  the  ballots  prepared  by  the  Secretary  for  the  drawing 
of  seats,  that  when  the  examination  is  completed  and  found  to 
be  correct  that  the  members  retire  to  the  rear  of  the  chamber,  and 
as  their  names  are  drawn,  the  delegate  appear  and  select  a  seat, 
to  be  occupied  by  him  until  the  drawing  is  completed.  That  the 
President  designate  some  person  other  than  a  member  to  draw 
the  ballots  from .  the  box. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  appointed  as  the  committee  to  examine  the  bal- 
lots Mr.  Marshall  and  Mr.  McClure. 

Mr.  Alvord,  First  Vice-President  in  the  chair. 

Mr.  President  appointed  James  Husted  Millard  to  draw  the 
ballots. 

The  drawing  was  then  proceeded  with  with  the  following 
result : 

No.  19,  Mr.  Abbott;  2,  Mr.  Acker;  102,  Mr.  Ackerly;  94,  Mr.  Alla- 
ben  ;  46,  Mr.  Alvord  ;  G7,  Mr.  Arnold  ;  134,  Mr.  Baker  ;  90,  Mr. 
Banks;  45,  Mr.  Barhite;  43,  Mr.  Barnum;  154,  Mr.  Barrow;  133, 
Mr.  Becker  ;  — ,  Mr.  Beckwith  ;  26,  Mr.  Bigelow  ;  85,  Mr.  Blake  ; 
77,  Mr.  Bowers  ;  141,  Mr.  Brown,  E.  A.;  164,  Mr.  Brown,  E.  R;  31, 
Mr.  Burr  ;  152,  Mr.  Bush  ;  173,  Mr.  Cady  ;  113,  Mr.  Campbell  ;  135, 
Mr.  Carter  ;  39,  Mr.  Cassidy  ;  121,  Mr.  Chipp,  Jr.;  — ,  Mr.  Choate  ; 
99,  Mr.  Church  ;  63,  Mr.  Clark,  G.  W.;  166,  Mr.  Clark,  H.  A.;  10, 
Mr.  Cochran  ;  163,  Mr.  Coleman  ;  95,  Mr.  Cookinham  ;  — ,  Mr. 
Cooney  ;  61,  Mr.  Cornwell  ;  123,  Mr.  Countrym-m  ;  119,  Mr.  Crim- 
mins  ;  174,  Mr.  Crosby  ;  97,  Mr.  Curran  ;  75,  Mr.  Danforth  ;  129, 
Mr.  Davenport ;  130,  Mr.  Davics,  J.  C.;  70,  Mr.  Davis,  G.  A.;  30, 
Mr.  Dayton  ;  122,  Mr.  Deady  ;  144,  Mr.  Dean  ;  56,  Mr.  Deyo  ;  137, 
Mr.  Dickey  ;  35,  Mr.  Doty  ;  18,  Mr.  Diirfee  ;  86,  Mr.  Durnin  ;  159, 
Mr.  Emmet;  32,  Mr.  Faber;  79,  Mr.  Farrell;  125,  Mr.  Fields;  81, 
Mr.  Fitzgerald,  F.  T.;  53,  Mr.  Fitzgerald,  T.  W.;  92,  Mr.  Floyd  ; 
143,  Mr.  Foote  ;  S3,  Mr.  Forbes  ;  23,  Mr.  Francis  ;  55,  Mr.  Frank, 
Andrew  ;  22,  Mr.  Frank,  Augustus  ;  72,  Mr.  Eraser  ;  162,  Mr. 
Fuller,  C.  A.;  132,  Mr.  Fuller,  O.  A.;  57,  Mr.  Galinger;  158,  Mr. 
Gibney  ;  54,  Mr.  Giegerich  ;  9(>,  Mr.  Gilbert ;  H,  Mr.  Gilleran  ;  52, 
Mr.  Goeller  ;  107,  Mr.  Goodelle  ;  4,  Mr.  Green,  A.  II.;  88,  Mr.  Green, 
J.  I.;  7,  Mr.  Griswoid  ;  148,  Mr.  Hamlin  ;  6,  Mr.  ITawley  ;  151,  Mr. 


CONSTITUTIONAL  CONVENTION.  25 

Hecker  ;  66,  Mr.  Hedges  ;  78,  Mr.  Herzberg,  A.;  59,  Mr.  Hill  ;  38, 
Mr.  Hirschberg,  M.  H.;  53,  Mr.  Holcomb;  17,  Mr.  Holls;  27,  Mr. 
Hotchkiss  ;  48,  Mr.  Hottenroth  ;  8,  Mr.  Jacobs  ;  114,  Mr.  Jenks  ; 

15,  Mr.  Johnson,  I.  Sam  ;  145,  Mr.  Johnson,  J.;  58,  Mr.  Johnston, 
K.  M.;  36,  Mr.  Kellogg;  76,  Mr.  Kerwin;  126,  Mr.  Kimmey;  156, 
Mr.  Koch  ;  131,  Mr.  Lauterbach  ;  13,  Mr.  Lester  ;  41,  Mr.  Lewis,  C. 
H  ;  44,  Mr.  Lewis,  .M.  E.;  175.  Mr.  Lincoln  ;  40,  Mr.  Lvoii  ;  105,  Mr. 
Manley  ;  60,  Mr.  Mantanye  ;  80,  Mr.  Marks  :  127,  Mr.  Mai-shall  ; 

— ,  Mr.  Mase;  108,  Mr.  Maybee;  73,  Mr.  Me  Arthur;  24,  Mr. 
McClure;  149,  Mr.  McCurdy  ;  3,  Mr.  McDonough  ;  62,  Mr.  Mcln- 
tyre:  64,  Mr.  McKinstry,  74,  Mr.  McLaughlin,  C.  B.;  49,  Mr. 
McLaughlin,  J.  W.;  21,  Mr.  McMillan  ;  142,  Mr.  Mereness  ;  118, 
Mr.  Meyenborg  ;  14,  Mr.  Moore  ;  115,  Mr.  Morton  ;  82,  Mr.  Mullen  ; 
42,  Mr.  Mulqueen  ;  93,  Mr.  Nichols,  W.  H.;  Ill,  Mr.  Nicoll,  I>e  L.; 
1,  Mr.  O'Brien  ;  155,  Mr.  Ohnieis  ;  47,  Mr.  Osborn  ;  37,  Mr.  Parker  ; 
139,  Mr.  Parkhurst  ;  150,  Mr.  Parmenter  ;  117,  Mr.  Peabody  ;  5, 
Mr.  Peck  ;  138,  Mr.  Phipps  ;  87,  Mr.  Platzek  ;  106,  Mr.  Pool  ;  69, 
Mr.  Porter;  157,  Mr.  Powell;  177,  Mr.  Pratt;  168,  Mr.  Redman; 
98,  Mr.  Eiggs  ;  140,  Mr.  Roche  ;  120,  Mr.  Roderick  ;  11,  Mr.  Rogers  ; 

16,  Mr.  Root ;  136,  Mr.  Rowlej  ;  101,  Mr.  Sandford  ;  9,  Mr.  Schu- 
inaker  ;  103,  Mr.  Smith  ;  25,  Mr.  Speer  ;  20,  Mr.  Spencer  ;  161,  Mr. 
Bpringweiler  ;  28,  Mr.  Steele,  A.  B.;  65,  Mr.  Steel e,  W.  H.;  91, 
Mr.  Storm  ;  116,  Mr.  Sullivan  ;  104,  Mr.  Tekuisky  ;  71,  Mr.  Tib- 
betts  ;  124,  Mr.  Titus  ;  89,  Mr.  Towns  ;  165,  Mr.  Tinpper  ;  112,  Mr. 
Tmax,  C.  H.;  50,  Mr.  Truax,  0.  S.;  12,  Mr.  Tucker  ;  68,  Mr.  Turner  ; 
153,  Mr.  Van  Denbergh;  100,  Mr.  Vedder;  84,  Mr.  Veeder;  128,  Mr. 
Vogt;    — ,  Mr.  Waterbury;    33,  Mr.  Wellington;    109,  Mr.  Whit- 
myer  ;  34,  Mr.  Wiggins  ;  29,  Mr.  Williams  ;  110,  Mr.  Woodward. 

When  the  name  of  Mr.  Lewis  was  drawn  Mr.  Barhite  was 
authorized  to  select  a  seat  for  him. 

When  the  name  of  Mr.  J.  W.  McLaughlin  was  drawn,  Mr. 
J.  I.  Green  was  authorized  to  select  a  seat  for  him. 

When  the  name  of  Mr.  Galinger  was  drawn  Mr.  Morton  was 
authorized  to  select  a  seat  for  him. 

When  the  name  of  Mr.  Giegerich  was  drawn  Mr.  Holcomb 
was  authorized  to  select  a  seat  for  him. 

When  the  name  of  Mr.  Gibney  was  drawn  Mr.  Emmet  was 
authorized  to  select  a  seat  for  him. 

WThen  the  name  of  Mr.  Koch  was  drawn  Mr.  Goeller  was 
authorized  to  select  a  seat  for  him. 


26  JOURNAL  OF  THE 

Mr.  Acker  moved  that  when  this  convention  adjourn  it  be 
to  meet  on  Tuesday,  May  22,  at  12  noon. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.   President  announced  the  following  committee  on   Privi- 
leges and  Elections: 

Messrs.     Cookinharn,     Hirschberg,     Lester,     Durfee,     Crosby 
Foote,  Lincoln,  Countryman,  Deady,  Gibney,  Chipp. 

Mr.  President  announced  the  following  appointments: 
Librarian,  Edgar  L.  Murlin  of  Albany.     Janitor,  George  E. 
Smith,  of  Albany. 

The  Secretary  announced  the  following  appointment: 
Assistant  Secretary,  Edward  M.  Johnson,  of  Otsego. 
Mr.  Boot,  from  the  Committee  on  Rules,  made  a  partial  report, 
being    the   standing   rules   for   the    government    of   the    Conven- 
tion in  words  following: 

1.  A  committee  on  the  preamble  and  bill  of  rights,  to  consist 

of  eleven  members. 

2.  On  the  Legislature — its  organization  and  the  number,  appor- 

tionment, election,  tenure  of  office  and  compensation  of 
its  members,  to  consist  of  seventeen  members. 

3.  On  the  powers  and  duties  of  the  Legislature,  except  as  to 

matters  otherwise  referred,  to  consist  of  eleven  members. 

4.  On  the  right  of  suffrage  and  the  qualifications  to  hold  office, 

to  consist  of  seventeen  members. 

5.  On  the  Governor  and  other  State  officers,  their  election  or 

appointment,  tenure  of  office,  compensation,  powers  and 
duties,  except  as  otherwise  referred,  to  consist  of  seven 
teen  members. 

6.  On  the  judiciary,  to  consist  of  seventeen  members. 

7.  On  the  State  finances,  revenues,  expenditures  and  taxation, 

and  restrictions  on  the  powers  of  the  Legislature  in  respect 
thereto,  and  to  public  indebtedness,  to  consist  of  seventeen 
members. 

8.  On   cities,   their  organization,  government   and   powers,   ta 

consist  of  seventeen  members. 

9.  On  canals,  to  consist  of  eleven  members. 


CONSTITUTIONAL  CONVENTION.  27 

10.  On  railroads,  transportation  and  electrical  transmission,  to 

consist  of  seventeen  members. 

11.  On  counties,  towns  and  villages,  their  organization,  govern- 

ment and  powers,  to  consist  of  seventeen  members. 

12.  On  county,  town  and  village  officers,  other  than  judicial, 

their  election  or  appointment,  tenure  of  office,  compensa- 
tion, powers  and  duties,  to  consist  of  seventeen  members, 

13 .  On  State  prisons  and  penitentiaries,  and  the  prevention  and 

punishment  of  crime,  to  consist  of  eleven  members. 

14.  On  corporations  and  institutions  not  otherwise  herein  speci- 

fied, to  consist  of  seventeen  members. 

15.  On  currency,  banking  and  insurance,  to  consist  of  eleven 

members. 

16.  On   the  militia   and   military  officers,   to   consist  of  seven 

members. 

17.  On  education  and  the  funds  relating  thereto,  to  consist  of 

seventeen  members. 

18.  On  charities  and  charitable  institutions,  to  consist  of  seven- 

teen members. 

19.  On   industrial  interests,  except  those   already   referred,   to 

consist  of  seventeen  members. 

20.  On  the  salt  springs  of  the  State,  to  consist  of  seven  members. 

21 .  On  the  relations  of  the  State  to  the  Indians  residing  therein, 

to  consist  of  seven  members. 

22.  On  the  future  amendments  and  revisions  of  the  Constitution, 

to  consist  of  seven  members. 

23 .  Kevision  and  engrossment,  to  consist  of  seven  members. 

24.  Privileges  and  elections,  to  consist  of  eleven  members. 

25.  Printing,  to  consist  of  seven  members. 

26.  Contingent  expenses,  to  consist  of  seven  members. 

27.  Rules,  to  consist  of  seven  members  and  the  president. 

Mr.  Moore  moved  that  the  report  be  accepted  and  adopted, 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 


28  JOURNAL  OF  THE 

Mr.  Marshall  offered  the  following  resolution: 

Resolved.    That  all  sessions  of  this  Convention,  until  its  final 

adjournment,  be  held  in  the  Assembly  chamber,  in  the    Capitol, 

at  Albany. 

Mr.  McClure  moved  to  lay  the  motion  on  the  table. 
'  Mr.  President  put  the  question  on  the  motion  to  lay  on  the  table, 
and  it  was  decided  in  the  affirmative. 

On  motion  of  Mr.  Moore,  at  5.55,  the  Convention  adjourned. 


Tuesday,  May   22,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  T.  B.  Fulcher. 

The  journal  of  Tuesday,  May  8,  was  read  and  approved. 

The  oath  of  office  was  administered  to  Mr.  Leonard  A. 
Giegerich,  as  Delegate  from  the  Eighth  Senate  District,  by  the 
President. 

Mr.  President  announced  the  following  appointments: 

APPOINTMENTS. 
Assistant  Librarian  —  J.  W.  Jones,  Third  district. 

Postmaster  —  J.  S.  Sanders,  Eighteenth  district. 

Clerks  — J.  W.  Titus,  First  district;  C.  H.  Bassett,  Sixteenth 
district;  H.  G.  Getter,  Seventeenth  district;  J.  H.  Rathbone, 
Nineteenth  district;  J.  P.  Brennan,  Twenty -first  district;  E.  A. 
Fay,  Twenty-second  district;  J.  A.  Cook,  Twenty -third  district; 
Ray  Smith,  Twenty-fourth  district;  George  B.  Munn,  Thirty -first 
district 

President's  Clerk  —  C.  A.  de  Gersdorff,  New  York. 

Doorkeepers  —  "William  Henkel,  New  York;  George  D.  Weeks, 
Second  district;  Hiram  Van  Tassel,  Fifteenth  district;  Asa  P. 
Fish.  Twenty-sixth  district. 

Assistant  Janitor  —  Thomas  Brown,  New  York. 

Messengers  —  John  Seaman,  Fourth  district;  A.  B.  Crumb, 
Twentieth  district;  Joseph  Fayel,  Twenty-second  district; 
Thomas  G.  A.  Cheney,  Twenty-fourth  district,  from  May  9;  C.  E. 
Boy  den,  Twenty-fifth  district;  H.  D.  Taylor,  Twenty-eighth  dis- 
trict; W.  T.  Pool,  Twenty-ninth  district;  F.  C.  Loomis,  Thirtieth 


CONSTITUTIONAL  CONVENTION.  29 

district;    T.   H.   Rochford,   Thirtieth   district;    P.   J.  Haybyme, 
New  York. 

Pages  —  John  Gueron,  Sixth  district;  William  Eoss,  New  York; 
George  Tiernan,  Nineteenth  district;  F.  M.  Moore,  Twenty-first 
district;  J.  J.  Guernsey,  Twenty-third  district;  S.  F.  Barager, 
Twenty-fifth  district;  C.  Weddigan,  Twenty-sixth  district;  Wil- 
liam Logan,  Nineteenth  district;  James  Husted  Millard. 

The  Secretary  announced  the  following  appointments  made  by 
him  on  the  10th  day  of  May : 

Assistant  Secretaries  —  James  C.  Sheldon,  Marcus  M.  Cass,  Jr., 
Emmet  W.  Parkhill. 

Mr.  President  then  announced  the  following  standing  com- 
mittees: 

1.—  PREAMBLE. 

Mr.  Francis,  Chairman.  Mr.  Bigelow. 

Mr.  Alvord.  Mr.  A.  H.  Green. 

Mr.  Augustus  Frank.  Mr.  Tucker. 

Mr.  Van  Denbergh.  Mr.  Schumaker. 

Mr.  Woodward.  Mr.  Veeder. 
Mr.  Parker. 

2.—  LEGISLATIVE  ORGANIZATION. 

Mr.  Becker,  Chairman.  Mr.  Schumaker. 

Mr.  Lincoln.  Mr.  Crimmins. 

Mr.  Acker.  Mr.  Giegerich. 

Mr.  E.  R.  Brown.  Mr.  Bush. 

Mr.  Dickey.  Mr.  Peck. 

Mr.  Crosby.  Mr.  Osborn. 

Mr.  Davies.  Mr.  Sullivan. 
Mr.  Root. 
Mr.  Morton. 

3.—  LEGISLATIVE  POWERS. 

Mr.  Vedder,  Chairman.  Mr.  Roche. 

Mr.  Goodelle.  Mr.  Rogers. 

Mr.  Wellington.  Mr.  Maybee. 

Mr.  Barhite.  Mr.  Kimmey. 

Mr.  Dean.  Mr.  Mullen. 

Mr.  Johnston.  Mr.  Kerwin. 

Mr.  Mantanye.  Mr.  Hottenroth. 
Mr.  Moore. 
Mr.  Parker. 
Mr.  E.  A.  Brown. 


JOURNAL  OF  THE 


4._  SUFFRAGE. 

Mr.  Goodelle,  Chairman.  Mr.  Bigelow. 

Mr.  Cookinham.  Mr.  Tucker. 

Mr.  Parkhurst.  Mr.  McClure. 

Mr.  Lauterbacb.  Mr.  Nicoll. 

Mr.  Hill.  Mr.  Deady. 

Mr.  Abbott.  Mr.  Towns. 

Mr.  Wellington.  Mr.  Cochran. 
Mr.  O'Brien. 
Mr.  Wiggins. 
Mr.  Alvord. 

5._  GOVERNOR  AND  STATE  OFFICERS. 


Mr.  McMillan,  Chairman. 

Mr.  Abbott. 

Mr.  Pool. 

Mr.  O.  A.  Fuller. 

Mr.  Hamlin. 

Mr.  Mereness. 

Mr.  Pratt 

Mr.  Manley. 

Mr.  Vedder. 

Mr.  Hedges. 


Mr.  MoCurdy. 
Mr.  Jenks. 
Mr.  Smith. 
Mr.  Tekulsky. 
Mr.  Campbell. 
Mr.  Trapper. 
Mr.  Marks. 


6.—  JUDICIARY. 


Mr.  Root,  Chairman. 
Mr.  Marshall. 
Mr.  Cookinham. 
Mr.  Becker. 
Mr.  Cady. 
Mr.  Parkhurst. 
Mr.  Gilbert. 
Mr.  J.  Johnson. 
Mr.  McMillan. 
Mr.  Foote. 


Mr.  C.  H.  Truax. 
Mr.  Parmenter. 
Mr.  Countryman. 
Mr.  Bowers. 
Mr.  Nicoll. 
Mr.  Jenks, 
Mr.  Bush. 


7._  STATE  FINANCES  AND  TAXATION. 


Mr.  Acker,  Chairman. 

Mr.  Vedder. 

Mr.  I.  S.  Johnson. 

Mr.  Cassidy. 

Mr.  A.  B.  Steel e. 


Mr.  F.  T.  Fitzgerald. 
Mr.  Speer. 
Mr.  Smith. 
Mr.  Burr. 
Mr.  Mulqueen. 


CONSTITUTIONAL  CONVENTION.  31 

Mr.  Jacobs.  Mr.  J.  W.  McLaughlin. 

Mr.  O.  A.  Fuller.  Mr.  Blake. 
Mr.  Tibbetts. 
Mi.  Pratt. 
Mr.  Kellogg. 

8.—  CITIES. 

Mr.  J.  Johnson,  Chairman.  Mr.  A.  H.  Green. 

Mr.  Francis.  Mr.  Davenport. 

Mr.  Becker.  Mr.  F.  T.  Fitzgerald. 

Mr.  H.  A.  Clark.  Mr.  Hotchkiss. 

Mr.  C.  H.  Lewis.  Mr.  Speer. 

Mr.  Holls.  Mr.  Rowley. 

Mr.  M.  E.  Lewis.  Mr.  Banks. 

Mr.  Spencer. 

Mr.  Morton. 

Mr.  Coleman. 

9,- CANALS. 

Mr.  Cady,  Chairman.  Mr.  Danforth. 

Mr.  Porter.  Mr.  Williams. 

Mr.  Floyd.  Mr.  Blake. 

Mr.  Fraser.  Mr.  Hottenroth. 

Mr.  Baker. 

Mr.  Nichols. 

Mr.  G.  W.  Clark. 

10.— RAILROADS,  ETC. 

Mr.  Davies,  Chairman.  Mr.  McClure. 

Mr.  Mclntyre.  Mr.  Hotchkiss. 

Mr.  Cornwall.'  Mr.  Chipp. 

Mr.  Dean.  Mr.  Koch. 

Mr.  Johnson.  Mr.  Holcomb. 

Mr.  Baker.  Mr.  Herzberg. 

Mr.  Storm.  Mr.  Curran. 
Mr.  McArthur. 
Mr.  Springweiler. 
Mr.  Redman. 

11.—  COUNTY,  TOWN1  AND  VILLAGE  GOVERNMENT. 

Mr.  C.  B.  McLaughlin,  Chairman.         Mr.  Maybee. 

Mr.  Floyd.  Mr.  Kimmey. 

Mr.  Doty.  Mr.  Peabodv.                 * 


32 


JOURNAL  OF  THE 


Mr.  Mereness. 
Mr.  Arnold. 
Mr.  Nichols. 
Mr.  McKinstry. 
Mr.  G.  W.  Clark. 
Mr.  Carter. 
Mr.  C.  A.  Fuller. 


Mr.  Titus. 

Mr.  Burr. 

Mr.  Herzberg. 

Mr.  T.  W.  Fitzgerald, 


12._  COUNTY,  TOWN  AND  VILLAGE  OFFICERS. 

Mr.  Sullivan. 
Mr.  Rogers. 
Mr.  Emmet. 
Mr.  Ohmeis. 
Mr.  Titus. 
Mr.  Kerwin. 
Mr.  Gilleran. 


Mr.  Parkhurst,  Chairman. 

Mr.  Lester. 

Mr.  Mantanye. 

Mr.  Moore. 

Mr.  Barnum. 

Mr.  Church. 

Mr.  Redman. 

Mr.  Vogt. 

Mr.  Jacobs. 

Mr.  Hecker. 

13.—  STATE'S  PRISONS  AND  PENITENTIARIES, 

Mr.  McDonough,  Chairman.  Mr.  Koch. 

Mr.  Barhite.  Mr.  Rowley. 

Mr.  Crosby.  Mr.  Campbell. 

Mr.  O'Brien.  Mr.  Meyenborg. 

Mr.  McArthur. 

Mr.  Allaben. 

Mr.  Andrew  Frank. 

14_  CORPORATIONS. 


Mr.  Hawley,  Chairman. 

Mr.  Dickey. 

Mr.  Barrow. 

Mr.  H.  A.  Clark. 

Mr.  W.  H.  Steele. 

Mr.  Lyon. 

Mr.  Storm. 

Mr.  C.  A.  Fuller. 

Mr.  Van  Denbergh. 

Mr.  Dotv. 


Mr.  McCurdy. 
Mr.  Veeder. 
Mr.  Banks. 
Mr.  Davenport. 
Mr.  Roche. 
Mr.  Forbes. 
Mr.  Emmet. 


CONSTITUTIONAL  CONVENTION.                     33 

15.—  BANKING  AND  INSURANCE. 

Mr.  Augustus  Frank,  Chairman.  Mr.  Sanford. 

Mr.  Davis.  Mr.  Fields. 

Mr.  Whitmyer.  Mr.  Durnin. 

Mr.  M.  E.  Lewis.  Mr.  Biggs. 
Mr.  Phipps. 
Mr.  Barnum. 
Mr.  Galinger. 

16.—  MILITARY. 

Mr.  Hedges,  Chairman.  Mr.  Gibney. 

Mr.  Davis.  Mr.  Cochran. 

Mr.  Ackerly.  Mr.  Goeller. 
Mr.  Galinger. 

17.— EDUCATION. 

Mr.  Holls,  Chairman.  Mr.  Deyo. 

Mr.  Durfee.  Mr.  Sandford. 

Mr.  E.  R.  Brown.  Mr.  Peck. 

Mr.  Hirschberg.  Mr.  C.  S.  Truax. 

Mr.  Hill.  Mr.  Platzek. 

Mr.  McDonough.  Mr.  Gilleran. 

Mr.  Mclntyre.  Mr.  Towns. 
Mr.  Tibbetts. 
Mr.  Cornwell. 
Mr.  Fraser. 

18.— CHARITIES. 

Mr.  Lauterbach,  Chairman.  Mr.  Giegerich. 

Mr.  O.  B.  McLaughlin.  Mr.  Danforth. 

Mr.  I.  S.  Johnson.  Mr.  Durnin. 

Mr.  Cassidy.  Mr.  C.  S.  Truax. 

Mr.  A.  B.  Steele.           „  Mr.  Forbes. 

Mr.  Phipps.  Mr.  Peabody. 

Mr.  Powell.  Mr.  Riggs. 
Mr.  Arnold. 
Mr.  Manley. 
Mr.  Kellogg. 

19.— INDUSTRIAL  INTERESTS. 

Mr.  Gilbert,  Chairman.  Mr.  C.  H.  Truax. 

Mr.  M.  E.  Lewis.  Mr.  Crimmins.                   ! 

'Mr.  Barhite.  Mr.  Osborn. 
3 


34  JOURNAL  OF  THE 

Mr.  Wiggins.  Mr.  Ohmeis. 

Mr.  Coleman.  Mr.  Trapper. 

Mr.  Faber.  Mr.  Roderick. 

Mr.  Ackerly.  Mr.  Goeller. 

Mr.  Lester 
Mr.  Carter. 
Mr.  Hecker. 

20.— SALT  SPRINGS. 

Mr.  Alvord,  Chairman.  Mr.  Williams. 

Mr.  Springweiler.  Mr.  Mulqueen. 

Mr.  Vogt.  Mr.  Farrell. 

Mr.  Allaben. 

21.—  INDIANS. 

Mr.  C.  H.  Lewis,  Chairman.  Mr.  Platzek. 

Mr.  Porter.  Mr.  J.  I.  Green. 

Mr.  Church.  Mr.  Mullen. 

Mr.  Turner. 

22.— CONSTITUTIONAL  AMENDMENTS. 

Mr.  Marshall,  Chairman.  Mr.  Griswold. 

Mr.  Powell.  Mr.  Parmenter. 

Mr.  Spencer.  Mr.  Meyenborg. 
Mr.  Andrew  Frank. 

23.— REVISION  AND  ENGROSSING. 
Mr.  Foote,  Chairman.  Mr.  Holcomb. 

Mr.  Hawley.  Mr.  Roderick. 

Mr.  W.  H.  Steele.  Mr.  Farrell. 

Mr.  Woodward. 

24.— PRIVILEGES  AND  ELECTIONS. 

Mr.  Hirschberg,  Chairman.  Mr.  Deady. 

Mr.  Cookinham.  Mr.  Countryman. 

Mr.  Lester.  Mr.  Chipp. 

Mr.  Crosby.  Mr.  Gibney. 

Mr.  Foote. 

Mr.  Lincoln. 

Mr.  Durfee. 

25.—  PRINTING. 

Mr.  Hamlin,  Chairman.  Mr.  Marks. 

Mr.  Pool.  Mr.  Fields. 

Mr.  McKinstry.  Mr.  Beckwith. 
Mr.  Turner. 


CONSTITUTIONAL  CONVENTION.  35 

26.—  CONTINGENT  EXPENSES. 

Mr.  Lyon,  Chairman.  ,    Mr.  J.  I.  Green. 

Mr.  E.  A.  Brown.  Mr.  Tekulsky. 

Mr.  Whitmyer.  Mr.  Curran. 
Mr.  Faber. 

27.— RULES  AND  THE  PRESIDENT. 

The  President,  Chairman.  Mr.  Bowers. 

Mr.  Root.  Mr.  Deyo. 

Mr.  Acker.  Mr.  Griswold. 

Mr.  Davies. 
Mr.  McMillan. 

Mr.  McMillan  offered  a  resolution  in  words  'following: 

Resolved,  That  a  committee  of  one  from  each  judicial  district  be 
appointed  by  the  President  to  assign  appropriate  committee  rooms 
to  the  several  standing  committees  of  the  Convention. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  appointed  as  such  committee: 

Mr.  Davis,  of  Erie;  Mr.  Cookiuham,  of  Oneida;  Mr.  Deady,  of 
New  York;  Mr.  Johnson,  of  Kings;  Mr.  Bush,  of  Ulster. 

Mr.  President  announced  to   the  Convention   the  service  of  a 
writ  upon  him  in  words  following: 
To  the  Supreme  Court  of  the  State  of  New  York: 

The  petition  of  Herman  F.  Trapper  respectfully  shows:  That 
at  a  general  election  held  on  the  seventh  day  of  November,  1893, 
your  petitioner  was  a  candidate  for  the  office  of  district  delegate 
for  the  Thirtieth  Senate  district  to  the  Convention  to  Revise  and 
AiiH>nd  the  Constitution  of  the  State  of  New  York;  your  peti- 
tioner further  shows  that  at  said  general  election  he  was  one  of 
the  five  candidates  for  the  office  of  district  delegate  who  received 
a  majority  of  the  legal  votes  cast  in  said  Thirtieth  Senate  district 
at  said  general  election.  That  the  said  votes  were  regularly  and 
legally  counted  and  recorded,  and  that  the  said  votes  were  in  a 
manner  directed  by  law  canvassed  and  estimated  by  the  Hoard 
of  State  Canvassers  of  the  State  of  New  York  ;  that  (he  said 
Board  of  Canvassers  did  on  the  13th  day  of  December,  1893,  in  the 
manner  directed  by  law  determine,  declare  and  certify,  that  the 
petitioner  was  at  said  election  duly  elected  a  district  delegate 


36  JOURNAL  OF  THE 

from  the  said  Thirtieth  Senate  district  to  the  said  Convention  ; 
that  a  certificate  of  election  as  district  delegate  from  the  said 
Thirtieth  Senate  district  has  been  issued  to  your  petitioner  by 
the  Secretary  of  State  of  the  State  of  New  York,  under  his  hand 
and  seal  and  bearing  date  the  28th  day  of  December,  1893  ;  your 
petitioner  further  shows  that  he  has  taken  the  Constitutional 
oath  of  office ;  that  he  is  now  a  member  of  the  said  Constitutional 
Convention,  and  that  said  Convention  is  now  in  session  in  the 
Assembly  chamber  in  the  city  of  Albany,  New  York,  and  that 
Joseph  H.  Choate  is  the  President  of  the  said  Convention. 

Your  petitioner  further  shows  :  That  on  the  8th  day  of  May, 
1894,  one  Harvey  W.  Putnam,  and  one  Thomas  A.  Sullivan,  as 
your  petitioner  is  informed  and  verily  believes  each  did  present  to 
the  said  Convention,  and  to  the  said  Joseph  H.  Choate,  a  petition 
in  which  each  of  the  said  petitioners,  namely,  Harvey  W.  Putnam 
and  Thomas  A.  Sullivan,  represented  that  they  were,  each,  one 
of  the  five  candidates  for  district  delegate  from  the  said  Thirtieth 
Senate  district  who  received  a  majority  of  the  legal  votes  cast  at 
said  general  election  held  in  the  said  Thirtieth  Senate  district 
and  claiming  that  they  were  entitled  to  the  seats  in  said  Consti- 
tutional Convention,  at  present  held  by  your  petitioner  and  one 
Charles  B'eckwith,  and  praying  that  the  certificate  of  election  as 
delegate  to  the  said  Convention  from  the  said  Thirtieth  Senate  dis- 
trict heretofore  issued  to  your  petitioner  and  to  the  said  Charles 
Beckwith,  be  declared  null  and  void  and  of  no  effect,  and  that  it 
be  declared  that  the  said  Harvey  W.  Putnam  and  the  said  Thomas 
A.  Sullivan  be  duly  elected  and  qualified  delegates  to  the  said 
Convention  from  the  said  Thirtieth  Senate  district,  and  that  the 
seats  in  said  Convention  now  occupied  by  your  petitioner  and  the 
said  Charles  Beckwith,  and  for  which  certificates  of  election 
have  heretofore  been  issued  to  your  petitioner  and  to  the  said 
Charles  Beckwith,  be  awarded  to  the. said  Harvey  W.  Putnam 
and  the  said  Tho-nas  A.  -Sullivan,  and  further  praying  that  pro- 
ceedings be  had  to  that  end. 

Your  petitioner  further  shows:  That  the  said  Convention  and 
the  said  Joseph  H.  Choate,  did  then  and  there  receive  the  petition  so 
presented  by  the  said  Harvey  W.  Putnam  and  Thomas  A.  Sulli- 
van, and  did  refer  the  said  petition  to  a  committee  for  that  pur- 
pose appointed  by  the  said  Joseph  H.  Choate,  to  investigate  and 
take  testimony  and  to  subpoena  witnesses  in  the  said  Thirtieth 
Senate  district  and  ejsewliere,  and  to  repovt  to  the  said  Con- 


CONSTITUTIONAL  CONVENTION.  37 

vention  as  to  the  allegations  of  fact  set  forth  in  said  petition,  and 
also  to  report  their  conclusions  of  law  thereon. 

And  your  petitioner  further  shows  upon  information  and  belief, 
that  the  said  Joseph  H.  Choate  and  the  said  Convention  do  now 
threaten  to  pass  judicially  on  the  questions  of  fact  and  of  law 
presented  in  said  petition  and  threaten  to  unseat  the  petitioner 
and  to  exclude  him  from  membership  of  the  said  Convention 
and  to  exclude  him  from  his  rights  and  privileges  as  a  delegate 
to  the  said  Convention.  Your  petitioner  further  shows  that  if 
the  said  Convention  proceeds  in  said  threatened  act  the  petitioner 
will  sustain  great  and  irreparable  injury  for  which  he  will  have 
no  adequate  remedy  by  the  ordinary  proceedings  at  law  or  in 
equity. 

Your  petitioner  further  shows  that  the  acts  herein  sought  to  be 
prohibited  and  restrained  are  the  acts  of  said  Convention  as  a 
body  and  not  the  acts  of  the  members  thereof  individually,  that 
no  previous  application  for  an  order  or  writ  of  prohibition  herein 
has  been  made. 

Wherefore  your  petitioner  prays  that  a  writ  of  prohibition  be 
issued  out  of  this  court  directed  to  the  said  Convention  to  Revise 
and  Amend  the  Constitution  and  to  the  said  Joseph  H.  Choate, 
the  President  of  the  said  Convention  to  Revise  and  Amend  the 
Constitution,  and  to  the  said  Harvey  W.  Putnam,  and  the  said 
Thomas  A.  Sullivan,  each  and  every  one  of  them  to  desist  and 
refrain  from  taking  any  any  further  action  touching  the  rights  of 
'the  petitioner  to  a  seat  in  said  Convention,  and  to  refrain  from 
any  acts  interfering  with  or  in  any  manner  abridging  the  peti- 
tioner's rights  and  privilege  as  a  member  of  the  said  Convention 
so  long  as  the  petitioner  shall  conform  with  the  rules  and  regula- 
tions adopted  for  the  government  of  the  said  Convention. 

HERMAN  F.  TRAPPER. 

STATE  OF  NEW  YORK,       , 
COUNTY  OF  EEIE,  CITY  OF  BUFFALO.  } 

Herman  F.  Trapper,  being  duly  sworn,  says  that  he  is  the  peti- 
tioner in  this  proceeding  ;  that  he  has  read  the  foregoing  petition, 
and  knows  the  contents  thereof  ;  that  the  same  is  true  to  the 
knowledge  of  the  deponent,  except  as  to  the  matters  therein 


38  JOURNAL  OF  THE 

stated  to  be  alleged  upon  information  and  belief,  and  that  as  to 
those  matters  he  believes  it  to  be  true. 

HERMAN  F.  TBAPPEK. 

Sworn  to  before  me  this  llth  day  of  May,  1894. 

F.  H  DUCKWITZ, 
Notary  Public  in  and  for  Erie  County,  N.  Y. 

Read  on  motion  May  12th,  1894 

STEPHEN  L.  MAYHAM, 

Justice  Supreme  Court. 

At  a  Special  Term  of  the  Supreme  Court,  held  at  Chambers  at 
Schoharie,  in  and  for  the  Third  Judicial  District,  on  the  12th  day 
o£  May,  1894. 

Present — Hon.  Stephen  L.  Mayham,  Justice  Presiding. 


THE  PEOPLE  OF  THE  STATE  OF  NEW 
YORK,  EX  REL.  HERMAN  F.  TRAPPER, 

m. 

THE  CONVENTION  TO  REVISE  AND! 
AMEND  THE  CONSTITUTION,  JOS.  F. 
CHOATE,  PRESIDENT  OF  THE  CONVENTION! 
TO  REVISE  AND  AMEND  THE  CONSTITUTION,! 
AND  HARVEY  W.  PUTNAM  AND  THOS. 
A.  SULLIVAN.  / 


On  reading  and  iiling  the  petition  of  Herman  F.  Trapper,  veri- 
fied the  llth  day  of  May,  1894,  and  after  hearing  Frederick 
Haller,  Esq.,  attorney  for  the  petitioner,  no  one  opposing,  it  is 

Ordered  :  That  a  writ  of  prohibition  issue  out  of  this  court  to 
the  Convention  to  Revise  and  Amend  the  Constitution,  and  to 
Joseph  H.  Choate,  President  of  the  Convention  to  Eevise  and 
Amend  the  Constitution,  and  to  Harvey  W.  Putnam,  and  to 
Thomas  A.  Sullivan,  commanding  the  said  Convention  and  the  said 
Joseph  H.  Choate,  President  of  the  said  Convention,  and  the 
said  Harvey  W.  Putnam  and  the  said  Thomas  A.  Sullivan,  and 
each  and  every  one  of  them  to  desist  and  refrain  from  taking  any 
further  action  touching  the  rights  of  the  relator  and  petitioner 
herein  to  a  seat  in  the  said  Convention  and  to  refrain  from  auy 
acts  interfering  with  or  in  any  manner  abridging  the  petitioner's 
rights  and  privilegs  as  a  member  of  the  said  Convention  so  long 


CONSTITUTIONAL  CONVENTION.  39 

as  the  petitioner  shall  comply  with  the  rules  and  regulations 
adopted  for  the  government  of  the  said  Convention,  except  as  to 
the  taking  of  testimony  in  proceedings  already  instituted,  and 
that  said  writ  be  returnable  on  the  2d  day  of  June,  1894,  at  ten 
o'clock  in  the  forenoon  of  that  day  at  a  Special  Term  of  the 
Supreme  Court  at  Hudson  appointed  to  be  held  before  Justice 
Edwards.  Let  said  writ  and  papers  be  served  according  to  law 
on  or  before  May  22,  1894. 

THE  PEOPLE  OF  THE  STATE  OF  NEW  YORK,  To  the  Con- 
vention to  KevTise  and  Amend  the  Constitution,  and  Joseph 
H.  Choate,  President  of  the  Convention  to  Revise  and  Amend 
the  Constitution,  and  to  Harvey  W.  Putnam,  and  to  Thomas 
A.  Sullivan  : 

Whereas,  Herman  F.  Trapper  has  presented  to  our  Supreme 
Court  on  the  12th  day  of  May,  1894,  a  petition  and  affidavit,  duly 
verified,  setting  forth  grounds  sufficient  for  this  writ,  and  has 
prayed  relief  of  our  said  court  and  our  writ  of  prohibition  to 
restrain  the  proceedings  hereinafter  mentioned,  we,  therefore, 
being  willing  that  the  laws  and  customs  of  our  State  should  be 
observed  and  that  our  citizens  should  in  no  wise  be  oppressed, 
do  command  you  that  you  desist  and  refrain  from  any 
further  proceedings  in  the  matter  of  proving,  examining,  investi- 
gating, deciding  or  judging  upon  the  qualification  or  election  of 
the  said  Herman  F.  Trapper,  or  abridging  or  intermeddling  in  any 
manner  with  the  rights  or  privileges  of  said  Herman  F.  Trapper 
as  a  member  of  said  Convention,  or  as  a  delegate  to  the  said  Con- 
vention, and  that  you  make  no  order  or  adjudication  with  respect 
thereto,  in  consist  (Mil  with  or  in  any  manner  prejudicial  to  the 
rights,  privileges  or  interest  of  said  Herman  F.  Trapper  as  a  mem- 
ber of  said  Convention,  until  the  further  order  of  tins  Court,  except 
as  to  the  taking  ef  testimony  before  a  committee  already  consti- 
tuted in  a  proceeding. 

And  that  you  show  cause  on  the  2d  day  of  June,  1894,  at  ten 
o'clock  in  the  forenoon  of  said  day,  before  a  Special  Term  of  the 
Supreme  Court  of  the  State  of  New  York,  at  Hudson,  appointed  to 
be  held  before  Justice  Edwards,  why  you  should  not  be  abso- 
lutely restrained  from  any  further  proceedings  in  respect  to  the 
said  petition  of  said  Harvey  W.  Putnam  and  said  Thomas  A. 
Sullivan,  and  in  respect  to  the  said  seat  and  rights  and  privi- 


40  JOURNAL  OF  THE 

deges  of  said  Herman  F.  Trapper,  as  a  member  of  said  Conven- 
tion to  Revise  and  Amend  the  Constitution. 

Witness,  thfe  Hon.  S.  L.  Mayham,  one  of  the  Justices  of  the 
i  Supreme  Court,  at  a  Special  Term,  at  Chambers,  in 

(L.  S.)     the  County  of  Schoharie,  the  12th  day  of  May,  1894. 

By  the  Court, 

ARTHUR  L.  MEAD, 

Clerk. 
FREDERICK  HALLER, 

Attorney  for  Relator. 

Mr.  President  referred  said  communication  to  the  Committee  on 
Judiciary,  to  report  as  speedily  as  possible. 

Mr.  Crosby  presented  a  memorial  and  petition  of  Rev.  A.  M. 
Smeallie  and  others  against  taxation  for  religious  or  sectarian 
purposes,  which  was  referred  to  the  Committee  on  the  Powers 
and  Duties  of  the  Legislature. 

t  Mr.  Morton  presented  a  petition  from  William  H.  Johnson, 
editor  of  the  "Albany  Capitol,"  praying  that  the  word  "color"  may 
be  stricken  out  of  the  Constitution,  which  was  referred  to  the 
Committee  on  Suffrage. 

Mr.  Morton  moved  that  the  Committee  on  Suffrage  be  discharged 
from  the  consideration  of  said  petition,  and  that  the  same  be  referred 
to  the  Committee  on  Apportionment. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Roche  offered  a  resolution  in  words  following: 
!  Resolved,  That  the  State  Comptroller  be,  and  is  hereby  requested 
to  transmit  to  this  Convention  a  statement  of  the  amount  that 
has  been  paid  each  year  for  the  past  five  fiscal  years,  to  Judges 
of  the  Court  of  Appeals  and  Justices  of  the  Supreme  Court,  pur- 
suant to  section  13  of  article  6  of  the  Constitution;  and  also  the 
amount  appropriated  at  the  recent  session  of  the  Legislature  for 
former  judges  of  said  courts,  or  the  family  of  any  deceased  judge. 

Tabled  under  the  rule. 

Also: 

,  Resolved,  That  the  Secretary  of  this  Convention  is  hereby 
requested  to  correspond  with  the  Mayor  of  each  city  in  this  State 
and  obtain  from  him  a  statement  showing: 


CONSTITUTIONAL  CONVENTION.  41 

1.  The  total  funded  debt  of  said  city  (after  deducting  the 
amount  in  its  sinking  fund  applicable  to  the  payment  of  such 
debt)  at  the  close  of  the  last  fiscal  year  of  said  city. 

2.  The  total  assessed  valuation  of  the  real  and  personal  prop- 
erty in  said  city  as  appears  by  the  last  assessments-rolls. 

3.  The  percentage  of  valuation  at  which  property  is  usually 
assessed  in  said  city  for  the  purposes  of  taxation. 

4.  The  rate  per  cent  of  tax  on  each  one  hundred  dollars  of 
ivaluation  as  shown  by  the  last  tax  levy. 

5.  The  time  of  payment  of  the  longest  of  the  present  outstand- 
ing bonds  of  said  city. 

And  said  Secretary  is  also  hereby  requested  to  correspond  with 
the  County  Treasurers  of  the  several  counties  of  this  State  and 
procure  from  them  a  statement  showing : 

1.  The  total  funded  debt  of  said  county. 

2.  The  assessed  valuation  of  the  real  and  personal  property 
in  each  of  said  counties  as  appears  by  the  last  assessment-roll. 

3.  The  rate  per  cent  of  tax  on  each  one  hundred  dollars  of 
valuation  imposed  in  said  county  for  county  and  State  purposes. 

4.  The  time  of  payment  of  the  longest  of  the  outstanding  bonds 
of  said  county. 

And  the  Mayors  of  said  several  cities  and  the  County  Treasurers 
of  the  said  several  counties  respectively  are  hereby  requested  to 
furnish  such  statements  to  the  Secretary  of  this  Convention. 
When  such  statements  are  received  the  Secretary  shall  cause 
them  to  be  properly  arranged  and  presented  in  tabular  form  to 
this  Convention. 

Tabled  under  the  rule. 

Also: 

Resolved,  That  the  Clerks  of  the  several  courts  in  the  counties 
of  New  York,  Kings,  Westchester,  Albany,  Rensselaer,  Schenec- 
tady,  Onondaga,  Monroe  and  Erie,  in  which  persons  are  natural- 
ized, pursuant  to  the  laws  of  the  United  States,  are  hereby 
required  to  transmit  to  this  Convention  a  statement  of  the  num- 
ber of  persons  naturalized  in  the  said  courts  respectively,  during 
the  years  1888,  1891,  1892  and  1893,  and  to  specify  in  said  state- 
ments how  many  of  such  persons  were  naturalized  during  the 


42  JOURNAL  OF  THE 

month  of  October  in  each  of  said  years,  and  also  the  number  of 
females  who  were  naturalized  during  said  years. 
Tabled  under  the  rule. 

No.  1 — By  Mr.  Holls,  an  overture,  proposing  amendment  to 
article  10  of  the  Constitution,  on  Civil  Service  of  the  State, 
which  was  referred  to  the  Committee  on  Governor  and  State  Officers. 

2. —  Also,  proposing  amendment  to  article  8  of  the  Constitution, 
prohibiting  all  sectarian  appropriations. 
Referred  to  Committee  on  Education. 

3. —  Also,  proposing  amendment  to  article  8  of  the  Constitution, 
relating  to  separation  of  city  elections  from  National  and  State. 
Referred  to  Committee  on  Cities. 

4. —  Also,  proposing  amendment  to/  article  4  of  the  Constitution, 
changing  term  and  time  of  election  of  Governor. 
Referred  to  Committee  on  Governor  and  State  Officers. 

5.— By  Mr.  Dickey. 

Proposing  amendment  to  section  15,  article  6  of  the  Constitu- 
tion, doing  away  with  Justices  of  Sessions. 
Referred  to  Committee  on  Judiciary. 

6. —  Also,  proposing  amendment  to  article  10  of  the  Constitu- 
tion, doing  away  with  the  office  of  Coroner  as  a  constitutional 
office. 

Referred  to  Committee  on  County,  Town  and  Village  Officers. 

7. —  Also,  proposing  amendment  to  article  1  of   the  Constitu- 
providing  that  jurors  shall  be  six  in  number. 
Referred  to  Committee  on  Judiciary. 

8.— By  Mr.  Gilbert. 

Proposing  amendment  to  article  2  of  the  Constitution  relating 
to  the  qualification  of  voters. 

Referred  to  Committee  on  Suffrage. 

9.— By  Mr.  Alvord. 

Proposing  amendment  to  section  7  of  article  7  of  the  Consti- 
tution entitled  "  Salt  Springs." 

Referred  to  Committee  on  Salt  Springs. 


CONSTITUTIONAL  CONVENTION.  43 

10.— By  Mr.  McMillan. 

Proposing  amendment  to  section  6  of  article  7  of  the  Consti- 
tution, relating  to  canals. 

Keferred  to  Committee  on  Canals. 

11. —  Also,  proposing  amendment  to  section  16  of  article  3  of 
the  Constitution,  relating  to  the  Legislature. 

Keferred  to  Committee  on  Legislative  Powers. 

12. —  Also,  proposing  amendment  to  section  13  of  article  1  of 
the  Constitution,  relating  to  taxation. 

Keferred  to  Committee  on  State  Finances  and  Taxation. 

13.— By  Mr.  Vedder. 

Proposing  amendment  to  sections  2,  3,  4  and  5  of  article  3  of 
the  Constitution,  relating  to  apportionment. 

Keferred  to  Committee  on  Apportionment. 

14.— By  Mr.  Marks. 

Proposing  amendment  to  article  4,  section  5,  providing  for  a 
Court  of  Pardons. 

Referred  to  Committee  on  Governor  and  State  Officers. 

15. —  Also,  proposing  amendment  to  article  1,  section  7  of  the 
Constitution,  providing  for  compensation  and  for  taking  private 
property  for  public  use. 

Keferred  to  Committee  on  Judiciary. 

16. —  Also,  proposing  amendment  to  article  3,  section  6  of  the 
Constitution,  relating  to  salary  of  Senators  and  Members  of 
Assembly. 

Keferred  to  Committee  on  Legislature,  its  Powers  and  Duties. 

17. —  Also,  proposing  amendment  to  article  1,  section  2  of  the 
Constitution,  relating  to  drawing  of  additional  jurors. 

Referred  to  Committee  on  Judiciary. 

18. —  Also,  proposing  amendment  to  article  3,  section  1  of  the 
Constitution,  relating  to  duration  of  term  of  legislative  officers. 
Referred  to  Committee  on  Legislature  and  its  Organization. 


44  JOURNAL  OF  THE 

19.— Also,  proposing  amendment  to  article  6,  section  2  of  the 
Constitution,  relating  to  Judges  of  the  Court  of  Appeals. 
Referred  to  the  Committee  on  Judiciary. 

20. — Mr.  Dean  proposing  amendment  to  article  7  of  the  Con- 
stitution, extending  the  right  of  the  Legislature  to  contract 
debts  and  for  completion  of  the  New  Capitol. 

Referred  to  Committee  on  State  Finances. 

21.— -Also,  proposing  amendment  to  article  2  of  the  Consti- 
tution, enfranchising  women. 

Referred  to  Committee  on  Suffrage. 

22.— Also,  proposing  amendment  to  article  8  of  the  Consti- 
tution, providing  home  rule  for  cities. 

Referred  to  Committee  on  Cities. 

23.—  Also,  proposing  amendment  to  article  6  of  the  Constitu- 
tion, so  as  to  abolish  all  commissions. 

Referred  to  Committee  on  Legislature,  its  Powers  and  Duties. 

24. —  Also,  proposing  amendment  to  article  1,  section  3  of  the 
Constitution,  relating  to  guarantee  of  religious  freedom. 

Referred  to  Committee  on  Legislature,  its  Powers  and  Duties, 
and  also  to  Taxation. 

25.—  Also,  proposing  amendment  to  article  6,  section  13  of  the 
Constitution,  relating  to  the  age  limit  of  judges  and  justices. 
Referred  to  Committee  on  Judiciary. 

26.— Also,  proposing  amendment  to  article  7  of  the  Constitu- 
tion, by  adding  thereto  section  15,  relating  to  the  rights  of  the 
people. 

Referred  to  Committee  on  Canals. 

Mr.  Cookinham  moved  that  the  sessions  of  the  Convention  be  from 
11  o'clock  A.  M.  until  2  o'clock  P.  M. 

Mr.  McMillan  moved  to  amend  by  striding  out  "  11,"  and  insert- 
ing in  lieu  thereof,  the  word  "10." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McMillan,  and 
it  was  determined  in  the  affirmative  by  the  following  vote: 


CONSTITUTIONAL  CONVENTION.  45 

Ayes. — Mr.  Abbott,  Mr.  Acker,  Mr.  Arnold,  Mr.  Barnuin,  Mr. 
Barrow,  Mr.  Becker,  Mr.  Blake,  Mr.  Bowers,  Mr.  Brown,  E. 
A.;  Mr.  Brown,  E.  R.;  Mr.  Carter,  Mr.  Chipp,  Jr.;  Mr. 
Clark,  G.  W.;  Mr.  Clark,  H.  A.;  Mr.  Cochran,  Mr.  Cole- 
man,  Mr.  Corn  well,  Mr.  Countryman,  Mr.,  CrimmluM,  Mr. 
Crosby,  Mr.  Davenport,  Mr.  Davies,  J.  C.;  Mr.  Davis,  G.  A.;  Mr. 
Dean,  Mr.  Deyo,  Mr.  Doty,  Mr.  Durfee,  Mr.  Faber,  Mr.  Farrell,  Mr. 
•Fitzgerald,  F.  T.;  Mr.  Foote,  Mr.  Forbes,  Mr.  Frank,  Augustus;  Mr. 
Fraser,  Mr.  Fuller,  C.  A.;  Mr.  Giegeilch,  Mr.  Goeller,  Mr.  Green, 
A.  H.;  Mr.  Green,  J.  L;  Mr.  Griswold,  Mr.  Hamlin,  Mr.  Hecker, 
Mr.  Herzberg,  A.;  Mr.  Hill,  Mr.  Holls,  Mr.  Hottenroth,  Mr.  Jenks, 
Mr.  Johnson,  L  Sarn ;  Mr.  Johnson,  J. ;  Mr.  Kerwin,  Mr.  Lester,  Mr. 
Manley,  Mr.  Marks,  Mr.  Marshall,  Mr.  McArthur,  Mr.  McCurdy, 
Mr.  Mclntyre,  Mr.  McLaughlin,  J.  W.;  Mr.  Mereness,  Mr.  Moore, 
Mr.  Morton,  Mr.  O'Brien,  Mr.  Ohmeis,  Mr.  Osborn,  Mr.  Peabody, 
Mr.  Platzek,  Mr.  Porter,  Mr.  Redman,  Mr.  Eoderick,  Mr.  Rogers, 
Mr.  Koot,  Mr.  Springweiler,  Mr.  Tekulsky,  Mr.  Truax,  C.  H.;  Mr. 
Truax,  C.  S.;  Mr.  Turner,  Mr.  Vogt,  Mr.  Whitmyer,  Mr.  Wiggins, 
Mr.  Woodward  —  80. 

Noes. — Mr.  Ackerly,  Mr.  Allaben,  Mr.  Alvord,  Mr.  Baker,  Mr. 
Banks,  Mr.  Barhite,  Mr.  Beckwith,  Mr.  Bigelow,  Mr.  Burr,  Mr.  Cady, 
Mr.  Cassidy,  Mr.  Church,  Mr.  Cookinham,  Mr.  Curran,  Mr.  Dan- 
forth,  Mr.  Deady,  Mr.  Dickey,  Mr.  Durnin,  Mr.  Emmet,  Mr.  Fields, 
Mr.  Floyd,  Mr.  Francis,  Mr.  Frank,  Andrew,  Mr.  Fuller,  O.  A.; 
Mr.  Galinger,  Mr.  Gibney,  Mr.  Gilbert,  Mr.  Gilleran,  Mr.  Goodelle, 
Mr.  Hawley,  Mr.  Hedges,  Mr.  Hirschberg,  M.  H.;  Mr.  Kellogg, 
Mr.  Kimmey,  Mr.  Lauterbach,  Mr.  Lewis,  C.  H. ;  Mr.  Lincoln,  Mr. 
Mantanye,  Mr.  Maybee,  Mr.  McClure,  Mr.  McDonough,  Mr.  Mc- 
Kinstry,  Mr.  Meyenborg,  Mr.  Mulqueen,  Mr.  Nichols,  W.  H. ;  Mr. 
Parker,  Mr.  Parkhurst,  Mr.  Pnrnxenter,  Mr.  Peck,  Mr.  Phipp«,  Mr. 
Pool,  Mr.  Pratt,  Mr.  Kiggs,  Mr.  Roche,  Mr.  Rowley,  Mr.  Sandford, 
Mr.  Schumaker,  Mr.  Speer,  Mr.  Spencer,  Mr.  Steel e,  A.  B,:  Mr. 
Steele,  W.  H.;  Mr.  Storm,  Mr.  Sullivan,  Mr.  Tibbetts,  Mr.  Titus, 
Mr.  Van  Denbergh,  Mr.  Vedder,  Mr.  Veeder,  Mr.  Welling- 
ton, Mr.  Williams—  69. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cookinham, 
•as  amended,  and  it  was  determined  in  the  affirmative. 

Mr.  H.  A.  Clark  offered  a  resolution  in  words  following: 

thnt  no  sessions  be  held  on  Saturday,  Sunday  or  on 
holidays. 


46  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  W.  H.  Steele  moved  to  amend  said  resolution  by  adding 
at  the  end  thereof  the  words  "except  that  on  Mondays  the  sea*. 
sions  shall  commence  at  8  o'clock,  P.  M." 

Mr.  Holls  moved  to  refer  the  resolution  with  the  amendmenl 
to  the  Committee  on  Rules. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Holls,  and  it 
was  determined  in  the  negative. 

Mr.  McClure  called  for  a  division  of  the  question. 

Mr.  President  put  the  question  on  that  part  of  the  resolution 
that  there  shall  be  no  sessions  on  Saturdays,  Sundays,  or  legal 
holidays,  and  it  was  determined  in  the  affirmative. 

Mr.  President  then  announced  the  question  to  be  as  to  whether 
there  shall  be  a  session  on  Monday. 

Mr.  Clark  then  accepted  the  amendment  offered  by  Mr.  Steele, 
relating  to  Monday  evening  sessions. 

Mr.  Tekulsky  moved  that  the  resolution  be  laid  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Acker  moved  that  there  be  no  sessions  held  on  Monday, 
until  further  order  of  the  Convention. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Vedder  moved  that  the  vote  by  which  the  resolution 
offered  by  Mr.  H.  A.  Clark,  that  no  sessions  be  held  on  Saturday, 
•Sunday  or  legal  holidays,  be  reconsidered  and  that  that  motion  be 
laid  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  McClure  moved  that  the  vote  by  which  10  o'clock  was  fixed 
as  the  hour  of  meeting,  be  reconsidered  and  that  that  motion  lay 
on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

On  motion  of  Mr.  McMillan,  at  1.30,  the  Convention  adjourned 
to  meet  at  10  o'clock  to-morrow  morning. 


CONSTITUTIONAL  CONVENTION.  47 

Wednesday,  May  23,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Kev.  R  H.  Shirley. 

The  Journal  of  Tuesday,  May  22,  was  read  and  approved. 

Mr.  President  administered  the  oath  of  office  to  James  C.  Sheldon, 
Marcus  M.  Cass,  Jr.,  and  E.  W.  Parkhill,  assistant  secretaries;  and 
to  Assistant  Sergeant-at-Arms  Mr.  John  McElroy. 

Mr.  President  presented  a  communication  from  the  postmaster 
of  the  Convention,  relating  to  the  post-office,  which  was  referred 
to  the  Committee  on  Contingent  Expenses. 

Mr.  President  assigned  Mr.  J.  W.  Jones,  assistant  librarian,  to 
assist  the  postmaster. 

Mr.  President  announced  the  following  appointments: 

APPOINTMENTS. 

Messenger  —  Edward  M.  Seacord,  of  Cortland,  in  place  of  C.  E. 
Boyden,  resigned. 

Page — Samuel  Palmer,  of  Albany. 

Mr.  Holls  presented  a  memorial  from  the  National  League  for 
the  Protection  of  American  Institutions,  in  behalf  of  the  common 
free  schools,  and  to  prohibit  sectarian  appropriations. 

Eef erred  to  Committee  on  Education. 

Mr.  Gr.  A.  Davis  presented  a  memorial  from  citizens  of  Buffalo 
on  the  same  subject. 
Keferred  to  Committee  on  Education. 

Mr.  President  presented  a  memorial  from  the  Presbytery  of  New 
York  on  the  same  subject. 
Keferred  to  Committee  on  Education. 

Mr.  President  also  presented  a  petition  from  the  Woman's 
Christian  Temperance  Union  for  the  prohibition  of  the  traffic  in 
intoxicating  liquors. 

Referred  to  Committee  on  Legislature,  its  Powers  and  Duties. 

27.—  By  Mr.  Johnston : 

Proposing  amendment  to  article  3  of  the  Constitution,  regulating 
the  salaries  of  members  of  the  Legislature. 


48  JOURNAL  OF  THE 

Which,  was  referred  to  the  Committee  on  Legislative  Powers 
and  Duties. 

•  28.— By  Mr.  Platzek: 

Proposing  amendment  to  article  1,  section  2  of  the  Constitution, 
so  as  to  permit  three-fourths  of  the  jurors  in  civil  actions  to  render 
a  verdict. 

Which  was  referred  to  the  Committee  on  Judiciary. 

29.— By  Mr.  Emmet: 

Proposing  amendment  to  article  2,  section  2  of  the  Constitution, 
relating  to  the  exercise  of  the  right  of  franchise  by  persons  convicted 
of  bribery  or  infamous  crimes. 

Referred  to  the  Committee  on  Suffrage. 

30.— By  Mr.  Emmet: 

Proposing  amendment  to  article  4,  section  5  of  the  Constitution, 
relating  to  the  power  of  the  Governor  to  restore  the  right  of 
franchise  to  persons  convicted  of  bribery  or  infamous  crimes. 

Referred  to  the  Committee  on  Governor  and  State  Officers. 

31. —  By  Mr.  Lauterbach: 

Proposing  amendment  to  article  2  of  the  Constitution,  relating  to 
the  right  of  suffrage  by  naturalized  citizens. 
Referred  to  the  Committee  on  Suffrage. 

32. —  Also,  proposing  amendment  to  article  3  of  the  Constitution, 
in  regard  to  apportionment. 

Referred  to  the  Committee  on  Legislative  Organization. 

33. — Also,  proposing  amendment  to  article  6  of  the  Constitu- 
tion, in  relation  to  the  judiciary  of  the  State. 

Referred  to  Committee  on  Judiciary. 

34. — Also,  proposing  amendment  to  article  12  of  the  Constitu- 
tion, as  to  oaths  of  officers. 

Referred  to  Committee  on  Legislative  Powers  and  Duties. 

35. — Also,  proposing  amendment  to  article  4  of  the  Constitu- 
tion, relating  to  the  powers  and  duties  of  the  Governor. 
Referred  to  Committee  on  Governor  and  State  Officers. 


CONSTITUTIONAL  CONVENTION.  49 

36. — Also,  proposing  amendment  to  article  1  of  the  Constitu- 
tion, as  to  judgments  on  appeal,  protection  of  witnesses,  etc. 
Referred  to  Committee  on  Judiciary. 

37. — Also,  proposing  amendment  to  article  5  of  the  Constitu- 
tion, in  relation  to  the  election  of  State  Engineer,  etc. 
Referred  to  Committee  on  Governor  and  State  Officers. 

38. —  Also,  proposing  amendment  to  article  10  of  the  Constitu- 
tion, relating  to  the  charters  f  cities  and  the  election  of  officers 
therein. 

Referred  to  Committee  on  Cities. 

39. — Also,  proposing  amendment  to  Constitution,  adding  a  ne^u 
article  in  respect  to  the  election  of  Presidential  electors. 
Referred  to  the  Committee  on  Judiciary. 

By  Mr.  Holls. 

40. — Proposing  amendment  to  article  11  of  the  Constitution, 
regarding  the  militia. 

Referred  to  the  Committee  on  Militia. 

By  Mr.  Maybee. 

41. — Proposing  amendment  to  article  6,  section  15  of  the  Con* 
•titution,  enlarging  the  jurisdiction  of  the  county  courts. 
Referred  "to  Committee  on  Judiciary. 

By  Mr.  Moore. 

42. — Proposing  amendment  to  article  6,  section  2  of  the  Consti- 
tution, relating  to  the  Court  of  Appeals  and  the  judges  thereof. 
Referred  to  Committee  on  Judiciary. 

43. — Also,  proposing  amendment  to  article  4,  section  1  of  the 
Constitution,  relative  to  the  election  of  Governor,  etc.,  and  the 
appointment  of  certain  State  officers. 

Referred  to  Committee  on  Governor  and  State  Officers. 

44. —  Also,  proposing  amendment  to  article  6,  section  15  of  the 
Constitution,  relating  to  County  and  Surrogates'  Courts. 

Referred  to  Committee  on  Judiciary. 


50  JOURNAL  OF  THE 

45. —  Also,  proposing  amendment  to  article  2,  section  1  of  the 
Constitution,  relative  to  female  voters. 
Keferred  to  Committee  on  Suffrage. 

46. —  Also,  proposing  amendment  to  article  8,  section  1  of  the 
Constitution,  relative  to  the  formation  of  corporations. 
Keferred  to  Committee  on  Corporations. 

47.—  By  Mr.  E.  K.  Brown. 

Proposing  amendment  to  article  1  of  the  Constitution,  pro- 
hibiting public  officers  from  riding  on  passes. 

Keferred  to  Committee  on  Governor  and  State  Officers,  and 
Kailroads. 

48. —  By  Mr.  Cookinham. 

Proposing  amendment  to  article  3,  sections  4  and  5  of  the 
Constitution,  relative  to  the  enumeration  of  the  inhabitants  of 
the  State. 

Keferred  to  Committee  on  Legislative  Organization. 

49. —  By  Mr.  Mereness. 

Proposing  amendment  to  article  3  of  the  Constitution,  relating 
to  the  compensation  of  public  officers. 

Keferred  to  Committee  on  Governor  and  State  Officers,  and 
County,  Town  and  Village  Government. 

50. —  Also,  proposing  amendment  to  article  8,  section  1  of  the 
Constitution  relating  to  corporations. 
Keferred  to  Committee  on  Corporations. 

51. —  Also,  proposing  amendment  to  article  8,  section  12  of  the 
Constitution,  relating  to  the  incorporation  of  villages. 
•     Referred  to  Committee  on  County,  Town  and  Village  Govern- 
ment. 

52.— By  Mr.  Kellogg. 

Proposing   amendment   to   article  of   the   Constitution 

relative  to  the  liability  of  employers  to  employes. 
Keferred  to  Committee  on  Industrials. 


CONSTITUTIONAL  CONVENTION.  51 

53.— By  Mr.  Goodelle. 

Proposing  amendment  to  article  1,  section  2  of  the  Constitution, 
relating  to  trials  by  jury. 
Referred  to  Committee  on  Judiciary. 

54.— By  Mr.  Marshall. 

Proposing  amendment  to  article  of  the  Constitution, 

relating  to  the  free  transportation  by  railroads  of  certain  public 
officers. 

Eeferred  to  Committee  on  Railroads  and  State  Officers. 

55. — By  Mr.  Mantanye. 

Proposing  amendment  to  article  3,  section  22  of  the  Consti- 
tution, relative  to  county  boards  of  supervisors. 

Referred  to  Committee  on  County,  Town  and  Village  Govern- 
ment. 

56.— By  Mr.  Tibbetts. 

Proposing  amendment  to  article  10,  section  1  of  the  Consti- 
tution, relating  to  Sheriffs. 

Referred  to  Committee  on  County,  Town  and  Village  Govern- 
ment. 

57. — By  Mr.  Porter. 

Proposing  amendment  to  article  2,  section  1  of  the  Constitu- 
tion, relating  to  the  right  of  citizens  to  vote  in  districts  where 
they  reside. 

Referred  to  Committee  on  Suffrage. 

58. — By  Mr.  Springweiler. 

Proposing  amendment  to  article  1  section  6  of  the  Consti- 
tion,  relating  to  conspiracies. 

Referred  to  Committee  on  Industrial  Interests  and  to  State 
Prisons. 

59. — By  Mr.  Lincoln. 

Proposing  amendment  to  article  13,  section  2,  making  consti- 
tutional conventions  judges  of  the  election  and  qualifications  of 
members. 

Referred  to  Committee  on  Constitutional  Amendment. 


52  JOURNAL  OF  THE 

60. — Also,  proposing  amendment  to  article  2,  section  1  of  iV 
Constitution,  providing  for  an  educational  qualification  for  voters. 

Referred  to  Committee  on  Suffrage. 

Mr.  Kellogg  offered  a  resolution  in  words  following: 

Resolved,  That  the  Comptroller  be  requested  to  inform  this 
Convention  whether  he  has  any  record  in  his  office  giving  the 
value  of  property  which  is  exempt  from  taxation  in  this  State. 
If  so,  to  give  the  value  of  such  property. 

Tabled  under  the  rule. 

Also  the  following  : 

Resolved,  That  the  Secretary  of  the  State  Board  of  Charities, 
be  requested  to  report  to  this  Convention,  the  number  of  chari- 
table institutions  there  are  in  this  State  and  where  the  same  are 
located;  the  number  of  inmates  which  each  such  institution  has, 
together  with  a  statement  of  the  amount  of  money  which  has  been 
paid  for  the  support  and  maintenance  of  each  of  said  institutions 
during  the  last  five  years. 

Tabled  under  the  rule. 

Mr.  A.  H.  Green  offered  a  resolution  in  words  following: 

Resolved,  That  a  committee  of  five  be  appointed  to  consider  and 
report  to  the  Convention  what  action,  if  any,  it  is  desirable  that 
the  Convention  take  relative  to  improving  the  methods  of  trans- 
fering  and  dealing  with  titles  to  and  interests  in  lands  in  this 
State. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  Vedder  offered  a  resolution  in  words  following  : 
Whereas,  Absolute  necessity  exists  for  having  notices  of  the 
committee  meetings  properly  recorded  on  the  bulletin  board  pre- 
pared for  that  purpose,  and  to  have  some  person  in  charge  of 
the  same,  prepared  to  give  such  information  with  regard  thereto  as 
is  desired  by  interested  persons  ;  therefore, 

Resolved,  That  the  Secretary  of  the  Constitutional  Convention 
be  directed  to  have  all  notices  of  committee  meetings  duly  posted 
on  said  bulletin  board,  and  to  have  some  person  in  charge  of  the 
same,  to  give  all  necessary  information  with  regard  thereto,  as  is 
desired  by  members  and  others,  and  at  an  expense  not  exceeding 


CONSTITUTIONAL  CONVENTION.  53 

$300  for  the  entire  sessions  of  the  Convention,  to  be  paid  by  the 
Treasurer  on  the  warrant  of  the  Comptroller,  out  of  any  moneys 
not  otherwise  appropriated,  on  the  certificate  of  the  Secretary  of 
the  Convention. 
Eeferred  to  Committee  on  Contingent  Expenses. 

Mr.  President  directed  the  change  of  reference  of  the  petition 
offered  by  Mr.  Morton,  yesterday,  of  William  H.  Johnson,  of  the 
"Albany  Capitol,"  asking  that  the  word  "color"  be  stricken  from 
the  Constitution  from  the  Committee  on  Suffrage  to  the  Com- 
mittee on  Legislature,  and  its  organization. 

Mr.  Holls,  from  the  Committee  on  Education,  reported  the 
following  resolution: 

Eesolved,  That  the  State  Comptroller  be  requested  to  furnish  to 
the  Convention  a  statement  in  detail  of  the  sources,  extent,  nature 
•and  present  investment  and  income  of  every  fund  and  property 
belonging  to  or  controlled  by  the  State,  of  which  either  the  principal 
or  interest  is  devoted  to  educational  uses. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Also  the  following: 

Resolved,  That  the  State  Comptroller  be  requested,  by  the 
Secretary  of  the  Convention,  to  furnish  a  detailed  statement  of  all 
moneys  paid  by  the  State  during  the  past  three  years,  by  way  of 
direct  or  indirect  appropriations,  as  salaries  or  otherwise,  to 
institutions  not  owned  by  the  State  or  a  political  division  thereof, 
whether  under  sectarian  control  or  not,  giving  the  name  of  the 
institution  and  the  religious  denomination  or  denominations  wholly 
or  partly  in  control. 

And,  That  a  like  request  be  made  of  the  chief  fiscal  officer  of 
every  city  and  county  of  the  State,  as  to  payments  by  such  city  or 
county  to  such  institutions. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Davis,  from  the  Select  Committee  on  the  Assignment  of 
Committee  Booms,  reported  as  follows: 


54  JOURNAL  OF  THE 

To  the  Constitutional  Convention: 

Your  committee  appointed  to   assign    committee  rooms   to   the 
various  committees,  do  respectively  report  the  following  assignment: 

'Preamble  —  Assembly  room  2,  second  floor. 

Legislature  Organization  —  Assembly  room  3,  second  floor. 

Legislative  Powers  and  Duties  —  Assembly  room  3,  second  floor. 

Governor  and  State  Officers  —  Assembly,  Ways  and  Means. 

Judiciary  —  Senate  Library. 

State  Finance  and  Taxation  —  Court  of  Appeals  lawyers'  room. 

Cities  —  Assembly  Parlor. 

Canals  —  Assembly  room  2,  second  floor. 

Railroads — Assembly  Library. 

Corporations — Assembly  Library. 

County,  Town  and  Village  Government — Assembly  room  4. 

County,  Town  and  Village  Officers — Assembly  room  5. 

State  Prisons  and  Penitentiaries — Assembly  room  7. 

Banking  and  Insurance — Assembly  room  1,  second  floor. 

Militia — Senate,  room  1,  second  floor. 

Education — Assembly,  room  6,  second  floor. 

Charities — Assembly,  room  6,  second  floor. 

•raooj  <sj9^Mi3i  's^eddy  jo  ;anoQ — uopBXBj,  PUB  aouEuij  e^g 

Salt  Springs — Senate,  room  5. 

Indians — Senate,  room  1,  second  floor. 

Constitutional  Amendments — Senate,   room   6. 

Eevision  and  Engrossment — Senate,  room  2. 

Privileges  and  Elections — Senate,  room  3. 

Printing — Senate,  room  4. 

Contingent  Expenses — Senate,  room  4. 

Rules — President's  room. 

Suffrage — Assembly  Parlor. 

All  of  which  is  respectfully  submitted, 

GEORGE  A.  DAVIS, 

Chairman. 
Dated  May  23,  1894. 

Mr.  Davies  moved  the  adoption  of  the  report. 

•    Mr.  President  put  the   question   on    said   motion,   and  it   was 
determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  55 

Mr.  President  presented  a  petition  from  Charles  L.  Hallerstadt, 
contesting  the  seat  now  held  by  Leonard  Giegerich,  from  the 
Eighth  Senatorial  District. 

Keferred  to  Committee  on  Privileges  and  Elections. 


'&' 


Mr.  President  stated  that  he  had  been  informed  by  the  Ser- 
geant-at-Arms,  that  twelve  members  were  without  desks,  he  took  the 
responsibility  of  ordering  their  purchase,  and  he,  therefore,  referred 
that  matter  to  the  Committee  on  Contingent  Expenses. 

Leave  of  absence  was  granted  to  Messrs.  Bowers,  Moore  and 
Gilbert,  for  to-morrow.  To  Mr.  A.  H.  Clark,  the  balance  of  this 
week.  To  Mr.  Crosby,  for  the  balance  of  this  week  and  for  the 
whole  of  next  week.  To  Mr.  J.  E.  Lewis,  for  one  week,  and  to 
Mr.  Maybee  for  next  week. 

Mr.  Barhite  presented  a  petition  of  24.344  citizens  of  the  City 
of  Kochester,  requesting  that  the  word  "  male  "  be  stricken  from  the 
State  Constitution. 

Keferred  to  Committee  on  Suffrage. 

Mr.  Redman  presented  a  petition  of  8,300  citizens  of  Rochester,. 
on  the  same  subject. 
Referred  to  Committee  on  Suffrage. 

Mr.  Alvord  presented  a  protest  of  Mrs.  Charles  Andrews,  Mrs. 
Frank  Hiscock,  Mrs.  James  J.  Belden,  Mrs.  George  B.  Spalding, 
Mrs.  Allen  Butler  and  eighty-seven  others,  women  of  Syracuse, 
against  striking  out  the  word  "  male  "  from  the  Constitution. 

Referred  to  Committee  on  Suffrage. 

Mr.  Roche  called  from  the  table  the  resolution  offered  by  him 
in  words  following  : 

Resolved,  That  the  State  Comptroller  be  and  is  hereby  requested 
to  transmit  to  this  Convention  a  statement  of  the  amount  that 
has  been  paid  each  year  for  the  past  five  fiscal  years  to  judges  of 
the  Court  of  Appeals  and  Justices  of  the  Supreme  Court,  pur- 
suant to  section  13  of  article  G  of  the  Constitution,  and  also 
the  amount  appropriated  at  the  recent  session  of  the  Legislature 
for  former  judges  of  said  courts,  or  the  family  of  any  deceased 
judge. 


56  JOURNAL  OF  THE 

Mr.  W.  H.  Steele    moved   to  amend   by   adding   thereto,  the 
following  : 

"Unless  it  be  found  that  such  information  is  not  contained  in 
the  Compiler's  book.'7  f 

Mr.  Roche  accepted  the  amendment. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Roche  called  from  the  table  the  resolution  offered  by  him 
In  words  following  : 

Resolved,  That  the  clerks  of  the  several  courts  in  the  counties 
of  New  York,  Kings,  Westch ester,  Albany,  Rensselaer,  Sehenec- 
tady,  Onondaga,  Monroe  and  Erie,  in  which  persons  are  natural- 
ized pursuant  to  the  laws  of  the  United  States,  are  hereby  required 
to  transmit  to  this  Convention  a  statement  of  the  number  of  per- 
sons naturalized  in  the  said  courts,  respectively,  during  the  years 
1888, 1891, 1892,  1893,  and  to  specify  in  said  statements  how  many 
of  such  persons  were  naturalized  during  the  month  of  October  in 
each  of  said  years,  and  also  the  number  of  females  who  were 
naturalized  during  said  years. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Roche  also  called  from  the  table  the  resolution  offered  by 
him  in  words  following  : 

Resolved,  That  the  secretary  of  this  Convention  is  hereby 
requested  to  correspond  with  the  mayor  of  each  city  in  this  State 
and  obtain  from  him  a  statement  showing: 

1.  The  total  funded   debt  of  said   city  (after  deducting  the 
amount  in  its  sinking  fund  applicable  to  the  payment  of  such 
debt )  at  the  close  of  the  last  fiscal  year  of  said  city. 

2.  The  total  assessed  valuation  of  the  real  and  personal  prop- 
ert/  in  said  city  as  appears  by  the  last  assessment-rolls. 

3.  The  percentage  of  valuation  at  which  property  is  usually 
assessed  in  said  city  for  the  purposes  of  taxation. 

4.  The  rate  per  cent  of  tax  on  each  one  hundred  dollars  of  -valua- 
tion as  shown  by  the  last  tax  levy. 

5.  The  time  of  payment  of  the  longest  of  the  present  outstand- 
ing bonds  of  said  city. 


CONSTITUTIONAL  CONVENTION.  57 

And  said  Secretary  is  also  hereby  requested  to  correspond 
vith  the  county  treasurers  of  the  several  counties  of  this  State 
end  procure  from  them  a  statement  showing  : 

1.  The  total  funded  debt  of  said  county. 

2.  The  assessed  valuation  of  the  real  and  personal  property  in 
each  of  said  counties,  as  appears  by  the  last  assessment-roll. 

3.  The  rate  per  cent  of  tax  on  each  one  hundred  dollars  of  valu- 
ation imposed  in  said  county  for  county  and  State  purposes. 

4.  The  time  of  payment  of  the  longest  of  the  outstanding  bonds 
of  said  county. 

And  the  mayors  of  the  said  several  cities  and  the  county  treas- 
urers of  the  said  several  counties  respectively  are  hereby  requested 
to  furnish  such  statements  to  the  Secretary  of  this  Convention. 
When  such  statements  are  received,  the  Secretary  shall  cause  them 
to  be  properly  arranged  and  presented  in  tabular  form  to  this 
Convention. 

Mr.  Rogers  moved  to  amend  by  inserting  after  the  word 
*'  cities  "  the  words,  "  and  the  president  of  all  incorporated  villages." 
villages." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Rogers,  and 
it  was  determined  in  the  affirmative. 

Mr.  Roche  then  moved  to  amend  said  resolution  by  adding  at 
the  end  thereof  the  following  :  When  this  information  is  obtained 
from  the  mayors  of  the  cities,  and  the  county  treasurers  of  the 
several  counties  that  it  be  printed  and  presented  by  the  Secretary 
to  the  Convention,  without  waiting  to  secure  the  information 
that  is  also  called  for  from  the  presidents  of  the  incorporated 
villages. 

Mr.  Root  moved  to  amend  the  amendment  by  adding  at  the  end 
thereof,  "and  no  printing  of  the  reports  received  shall  be  done 
until  done  under  the  order  of  the  Convention." 

Mr.  Lester  moved  to  lay  the  resolution,  with  the  amendments, 
on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Kerwin  moved  that  the  Compiler  be  instructed  to  report 
to  the  Convention  to-morrow  a  full  statement  of  the  statistics 


JOURNAL  OF  THE 

now  in  his  possession  and  when  they  will  be  printed  and  ready 
for  the  Convention. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Davies  moved  that  the  Compiler  .be  instructed  to  report  as 
early  as  practicable  as  to  what  expense  he  has  incurred  and  in 
what  manner  such  expense  has  been  incurred. 

Mr.  Maybee  moved  to  strike  out  the  words  "as  soon  as  practica- 
ble" and  insert  in  lieu  thereof  the  words,  "on  Tuesday  morning 
next." 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Mr.  Vedder  moved  that  the  whole  subject  be  committed  to  the 
Committee  on  Printing. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Moore  offered  a  resolution  in  words  following  : 

Resolved,  That  when  the  several  committees  report,  all  memorials, 

papers  and  petitions  presented  to  them  shall  be  presented  with  the 

report  of  each  to  the  Convention. 
Tabled  under  the  rule. 

On  motion  of  Mr.  Cookinham,  at  12  o'clock,  noon,  the  Convention 
adjourned, 


CONSTITUTIONAL  CONVENTION.  59 

Thursday,  May  24,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  A.  Kennedy  Duff. 

The  Journal  of  May  twenty-third  was  read  and  approved. 

Mr.  Holls  presented  a  protest  against  striking  the  word  "  male  " 
out  of  the  State  Constitution. 

Eeferred  to  Committee  on  Suffrage. 

Mr.  Pool  presented  a  petition  of  6,151  citizens  of  Niagara,  favor- 
ing striking  out  the  word  "  male  "  from  the  State  Constitution. 

Eeferred  to  Committee  on  Suffrage. 

Mr.  ChurcTi  presented  a  petition  of  8,936  citizens  of  Allegany 
county  on  same  subject. 

Referred  to  Committee  on  Suffrage. 

Mr.  Cornwell,  petition  of  4,108  citizens  of  Yates  county  on 
same  subject. 

Referred  to  Committee  on  Suffrage. 

Mr.  Lincoln,  petition  of  9,868  citizens  of  Cattaraugus  county 
on  same  subject. 

Referred  to  Committee  en  Suffrage. 

Mr.  Parker,  petition  of  5,954  citizens  of  Orleans  county  on 
same   subject 

Referred  to  Committee  on  Suffrage. 

Mr.  Doty,  petition  of  3.314  citizens  of  Livingston  county  on 
same  subject. 
Referred  to  Committee  on  Suffrage. 

Mr.  Bush,  petition  of  4,824  citizens  of  Ulster  county  on  same 
subject. 

Referred  to  Committee  on  Suffrage. 

Mr.   O'Brien,   petition   of   7,574   citizens   of   Cayuga   county   on 
same  subject.  ,0 


«0  JOURNAL  OF  THE 

Referred  to  Committee  on  Suffrage. 

Mr.  McKinstry,  petition  of  12,498  citizens  of  Chautauqua  county 
on  same  subject. 

Referred  to  Committee  on  Suffrage. 

Mr.  Rowley,   petition   of  5,021  citizens  of  Columbia  county  on 
same  subject. 

Referred  to  Committee  on  Suffrage. 

Mr.  Vedder,  in  behalf  of  Mr.  Durfee,  petition  of  2,375  citizens 
of  Wayne  county  on  the  same  subject. 
Referred  to  Committee  on  Suffrage. 

Mr.  Johnston,  protests  of  ladies  of  Kings  county  against  striking 
the  word  "  male  "  out  of  the  State  Constitution. 

Referred  to  Committee  on  Suffrage. 
By  Mr.  Dean. 

Memorial    on    sectarian    appropriations,    with   statistics   from 
Rev.  E.  B.  Burrows. 

Referred  to  Committee  on  Charities. 
By  Mr.  Pool. 

Memorial  and  petition  of  residents  of  Suspension  Bridge  on 
same  subject. 

Referred  to  Committee  on  Charities. 

Also,  memorial  and  petition  of  residents   of  Niagara   Falls  on 
same  subject. 

Referred  to  Committee  on  Charities. 

Mr.  Tekulsky  offered  a  resolution  in  words  following: 

Resolved,   That  when   the   convention   adjourn   on  Friday  of 

this  week,  it  be  to  meet  Tuesday,  June  fifth,  at  twelve  o'clock, 

noon. 

Mr.  Goodelle  moved  that  said  resolution  lay  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it .  was 
determined  in  the  affirmative. 

Mr.  Moore  offered  a  resolution  in  words  following : 

Resolved,    That  all   overtures  presented  be  read  through  on 
introduction. 


CONSTITUTIONAL  CONVENTION.  61 

Mr.  J.  C.  Davies  moved  to  lay  said  resolution  on  the  table. 
Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Moore  moved  that  all  overtures  be  printed  on  presentation, 
and  laid  on  the  tables  of  members  the  next  day  after  presentation, 
and  that  all  overtures  thus  far  presented  be  also  printed. 

Mr.  Mulqueen  moved  that  this  subject  be  referred  to  the  Com- 
mittee on  Rules,  and  that  that  committee  be  instructed  to  report 
a  rule  covering  that  subject. 

Mr.  Moore  accepted  the  amendment. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Moore  called  up  his  resolution  in  words  following: 
Resolved,    That  when  the  several  committees  report,  all  mem- 
orial papers  and  petitions  presented  to  them  shall  be  presented 
with  the  report  of  each  to  the  Convention. 

Mr.  Mulqueen  moved  to  lay  said  resolution  upon  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affrmative.  / 

Mr.  Kellogg  called  from  the  table  the  resolution  offered  by  him 
in  words  following: 

Resolved,  That  the  Comptroller  be  requested  to  inform  this 
Convention  whether  he  has  any  report  in  his  office  giving  the 
value  of  property  which  is  exempt  from  taxation  in  this  State, 
If  so,  to  give  the  value  of  such  property. 

Mr.  J.  Johnson  moved  to  amend  by  adding:  "Also,  the  location 
of  such  property  by  counties,  and  its  value." 

Mr.  Kellogg  accepted  the  amendment. 

Mr.  Griswold  moved  to  amend  by  adding,  "except  State  and 
national  property." 

Mr.  Holcomb  moved  to  amend  said  resolution  by  adding  at  the 
end  thereof,  "  and  the  laws  under  which  such  exemptions  are 
made/' 

Mr.  Kellogg  accepted  the  amendments. 

Mr.  E.  R.  Brown  moved  that  said  resolution  be  referred  to  the 
Committee  on  Finance  and  Taxation. 


JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Cookinham  offered  a  resolution  in  words  following: 
Resolved,  That  the  Secretary  be  requested  to  invite  the  clergy- 
men of  the  city  of  Albany,  in  charge  of  parishes,  to  open  the  daily 
sessions  of  the  Convention  with  prayer. 

Mr.  President  put  the  Question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Becker  offered  a  resolution  in  words  following: 
Resolved,  That  the  Committee  on  Rules  ascertain  and  report 
on  the  first  legislative  day  of  next  week  the  propriety  of  fur- 
nishing a  daily  report  of  the  proceedings  of  this  Convention  to 
each  of  the  newspapers  published  in  this  State,  and  the  estimated 
expense  thereof. 

Mr.  Deady  moved  that  said  resolution  be  laid  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  McMillan  offered  a  resolution  in  words  following  : 
Resolved,  That  the  Secretary  of  this  Convention  be,  and  he 
hereby  is  directed  to  transmit  to  the  eight  law  libraries  of  the 
State,  one  copy  each  of  all  proposed  amendments  to  the  Consti- 
tution as  soon  as  printed. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 
Mr.  Lincoln  offered  a  resolution  in  words  following: 
Resolved,  That  the  clerk  of  each  of  the  counties  in  this  State 
be  required  to  transmit  to  the  Secretary  of  this  Convention,  on  or 
before  the  fifteenth  day  of  June  next,  a  statement  of  the  number  of 
persons  naturalized  in  said  county,  under  the  lav  s  of  the  United 
States,  during  the  year  1893,  classifying  the  same  according  to 
nationality. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Gl. — Mr.  Johnson  presented  the  following: 

Proposing  amendment  to  article  10,  section  3  of  the  Constitu- 
tion, relating  to  the  tenure  of  office. 

Referred  to  Committee  on  Governor  and  State  Officers. 


CONSTITUTIONAL  CONVENTION.  63 

(y'2. — Also,  proposing  amendment  to  article  6,  section  18  of  the 
Constitution,  relating  to  police  justices  and  justices  of  inferior 
courts  in  cities  and  towns. 

Referred  to  Committee  on  County,  Town  and  Village  Officers. 

03. — BY  Mr.  Bigelow: 

Proposing  amendment  to  article  3,  section  16  of  the  Constitu- 
tion, regulating  the  introduction  and  passage  of  local  and  private 
bills. 

Referred  to  Committee  on  Legislature,  its  Powers  and  Duties. 

64.— By  Mr.  Holls: 

Proposing  amendment  to  article  2  of  the  Constitution,  empow- 
ering the  Legislature  to  enforce  by  law  the  duty  of  voting. 
Referred  to  Committee  on  Suffrage. 

65. — By  Mr.  Maybee: 

Proposing  amendment  to  the  Constitution  by  making  the  office 
of  Surrogate  a  separate  office  in  each  county  of  the  State. 
Referred  to  Committee  on  Judiciary. 

GO. — By  Mr.  Roche: 

Proposing  amendment  to  article  6  of  the  Constitution,  prohibit- 
ing county  judges  and  surrogates  from  practicing  law  and  justices 
of  the  peace  from  acting  in  Courts  of  Sessions. 

Referred  to  Committee  on  Judiciary. 

67. — By  Mr.  McDonough: 

Proposing  amendment  to  article  7,  section  6  of  the  Constitution, 
providing  for  transferring  the  State  canals  to  the  United  States. 
Referred  to  Committee  on  Canals. 

OS. — By  Mr.  Kellogg: 

Proposing  amendment  to  the  Constitution  relating  to  exempt- 
ing property  from  taxation. 
Referred  to  Committee  on  State  Finances  and  Taxation. 

69.— By  Mr.  Marshall  : 

Proposing  amendment  to  article  8,  section  7  of  the  Constitu- 
tion, relative  to  the  liability  of  stockholders  of  banking  corpora- 
tions. 

Referud  to  Committee  jn  Bankin     : 


64  JOURNAL  OF  THE 

70. —  By  Mr.  Mantanye. 

Proposing  ainendement  to  article  6  of  the  Constitution,  chang- 
ing the  term  of  office  of  judges  of  the  Supreme  Court  and  city 
courts  to  eight  years. 

Referred  to  Committee  on  Judiciary. 

71.— By  Mr.  Hill  : 

Proposing  amendment  to  article  3,  section  8  of  the  Constitu- 
tion, relating  to  the  eligibility  of  persons  for  election  to  the  Leg- 
islature. 

Referred  to  Committee  on  Legislature  and  its  Organization. 
72. — Also,  proposing  amendment  to  article  8  of  the  Constitu- 
tion, relating  to  city  charters. 

Referred  to  Committee  on  Cities. 

73._By  Mr.  Vedder  : 

Proposing  amendment  to  article  3,  section  15  of  the  Constitu- 
tion, relative  to  the  passage  of  bills. 

Referred  to  Committee  on  Legislature,  its  Powers  and  Duties. 

Mr.  Root,  from  the  Committee  on  Rules,  presented  a  report  in 
words  following  : 

CHAPTER  I. 

Powers  and  Duties  of  the  President  and  Vice-Presidents. 

Rule  1.  The  President  shall  take  the  chair  each  day  at  the 
hour  to  which  the  Convention  shall  have  adjourned.  He  shall 
call  to  order,  and,  except  in  the  absence  of  a  quorum,  shall  pro- 
ceed to  business  in  the  manner  prescribed  by  these  rules. 

Rule  2.  He  shall  possess  the  powers  and  perform  the  duties 
herein  prescribed,  viz. : 

1.  He  shall  preserve  order  and  decorum,  and,  in  debate,  shall 
prevent  personal  reflections,  and  confine  members  to  the  ques- 
tion under  discussion.    When  two  or  more  members  rise  at  the 
same  time,  he  shall  nam^  the  one  entitled  to  the  floor. 

2.  He  shall  decide  all  questions  of  order,  subject  to  appeal  to 
the  Convention.    On  every  appeal  he  shall  have  the  right,  in  his 
place,  to  assign  his  reason  for  his  decision.    In  case  of  such  appeal 
no  member  shall  speak  more  than  once. 


CONSTITUTIONAL  CONVENTION.  65 

3.  He  shall  appoint  all  committees,  except  where  the  Conven- 
tion shall  otherwise  order. 

4.  He  may  substitute  any  member  to  perform  the  duties  of 
the  chair  during  the  absence  or  inability  of  both  Vice-Presidents, 
but  for  no  longer  period  than  two  consecutive  legislative  days, 
except  by  special  consent  of  the  Convention. 

5.  When  the  Convention  shall  be  ready  to  go  into  Committee 
of  the  Whole,  he  shall  name  a  chairman  to  preside  therein,  subject 
to  right  of  committee  to  elect  its  own  chairman. 

6.  He  shall  certify  the  passage  of  all  amendments  by  the  Con- 
vention, with  the  date  thereof. 

7.  He  shall  designate  the  persons  who  shall  act  as  reporters 
for  the  public  press,  not  exceeding  thirty  in  number;    but  no 
reporter  shall  be  admitted  to  the  floor  who  is  not  an  authorized 
representative  of  a  daily  paper.     Such  reporters,  so  appointed, 
shall  be  entitled  to  such  seats  as  the  President  shall  designate, 
and  shall  have  the  right  to  pass  to  and  fro  from  such  seats  in  enter- 
ing or  leaving  the  Assembly  Chamber.    No  reporter  shall  appear 
before  any  of  the  committees  in  advocacy  of,  or  in  opposition  to, 
anything  under  consideration  before  such  committee.     A  viola- 
tion of  this  rule  will  be  sufficient  cause  for  the  removal  of  such 
reporter.    Removal  for  this  cause  shall  be  vested  in  the  President. 

8.  He  shall  not  be  required  to  vote  in  ordinary  proceedings, 
except  where  his  vote  would  be  decisive.    In  case  of  a  tie  vote 
the  question  shall  be  lost.    He  shall  have  general  control,  except 
as  provided  by  rule  or  law7,  of  the  Assembly  Chamber  and  of  the 
corridors  and  passages  in  that  part  of  the  Capitol  assigned  to  the 
use  of  the  Convention.    In  case  of  any  disturbance  or  disorderly 
conduct  in  the  galleries,  corridors  or  passages,  he  shall  have  the 
power  to  order  the  same  to  be  cleared,  and  may  cause  any  person 
guilty  of  such  disturbance  or  disorderly  conduct  to  be  brought 
before  the  bar  of  the  Convention.    In  all  such  cases  the  members 
present  may  take  such  measures  as  they  shall  deem  necessary  to 
prevent  a  repetition  of  such  misconduct,  either  by  the  infliction 
of  censure  or  pecuniary  penalty,  as  they  may  deem  best,  on  the 
parties  thus  offending. 

9.  He  shall  also  be  ex  officio  member  and  chairman  of  the 
Committee  on  Rules. 

10.  In  the  absence  of  the  President,  or  his  inability  to  preside, 
his  duties  shall  devolve  upon  the  First  Vice-President,  or,  if  he 
also  be  absent,  upon  the  Second  Vice-President. 

5 


66  JOURNAL  OF  THE 

CHAPTER  II. 
Order  of  Business. 

Eule  3.  The  first  business  of  each  day's  session  shall  be  the 
reading  of  the  Journal  of  the  preceding  day,  and  the  correction 
of  any  errors  that  may  be  found  to  exist  therein.  Immediately 
thereafter,  except  on  days  and  at  times  set  apart  for  the  con- 
sideration of  special  orders,  the  order  of  business  shall  be  as 
follows: 

1.  Presentation  of  memorials.     Under  which  head  shall  be 
included  petitions,  remonstrances  and  communications  from  indi- 
viduals, and  from  public  bodies. 

2.  Communications  from  the  Governor  and  other  State  officers, 
Under  this  head  shall  be  embraced  also  communications  from 
public   officers  and  from   corporations  in   response  to   calls  for 
information. 

3.  Notices,  motions  and  resolutions,  to  be  called  for  by  dis- 
tricts, numerically. 

4.  Propositions  for  amendment,  by  districts  in  numerical  order. 

5.  Reports    of   standing   committees  in   the  order  stated   in 
Rule  15. 

6.  Reports  of  select  committees. 

7.  Third  reading  of  proposed  amendments. 

8.  Unfinished  business  of  General  Orders. 

9.  Special  orders. 

10.  General  Orders. 

Reports  from  Committee  on  Revision  and  Engrossment  may  be 
received  under  any  order  of  business. 

CHAPTER  III. 

Rights  and  Duties  of  Members. 

Rule  4.  Petitions,  memorials,  remonstrances  and  any  other 
papers  addressed  to  the  Convention  shall  be  presented  by  the 
President,  or  by  any  member  in  his  place,  read  by  their  titles  and 
referred  to  the  proper  committee. 

Rule  5.  Every  member  presenting  a  paper  shall  indorse  the 
same;  if  a  petition,  memorial,  remonstrance  or  communication  in 
answer  to  a  call  for  information,  with  a  concise  statement  of  its 
subject,  and  his  name;  if  a  notice  or  resolution,  with  his  name;  if 


CONSTITUTIONAL  CONVENTION.  67 

a  proposition  for  amendment,  with  a  statement  of  its  title  and 
Ills  name;  if  a  proposition  of  any  other  kind  for  the  consideration 
of  the  Convention,  with  a  statement  of  its  subject,  the  proposer's 
name,  and  the  reference,  if  any,  desired.  A  report  of  a  committee 
must  be  indorsed  with  a  statement  of  such  report,  together  with 
the  name  of  the  committee  making  the  same,  and  shall  be  signed 
by  the  chairman. 

Kule  6.  Every  member  who  shall  be  within  the  bar  of  the  Con- 
vention, when  a  question  is  stated  from  the  chair,  shall  rote 
thereon  unless  he  be  excused  by  the  Convention,  or  unless  he  be 
directly  interested  in  the  question ;  nor  shall  the  roll  of  absentees 
be  more  than  once  called.  The  bar  of  the  Convention  shall  be 
deemed  to  include  the  body  of  the  Convention  Chamber. 

Rule  7.  Any  member  requesting  to  be  excused  from  voting 
may  make,  when  his  name  is  called,  a  brief  statement  of  the 
reasons  for  making  such  request,  not  exceeding  three  minutes  in 
time,  and  the  Convention,  without  debate,  shall  decide  if  it  will 
grant  such  request;  but  nothing  in  this  rule  contained  shall 
abridge  the  right  of  any  member  to  record  his  vote  on  any 
question  previous  to  the  announcement  of  the  result. 


Eule  8. 


CHAPTER  IV. 
Order  and  Decorum. 


ile  8.  No  member  rising  to  debate,  to  give  notice,  make  a 
motion,  or  present  a  paper  of  any  kind,  shall  proceed  until  he 
shall  have  addressed  the  President,  and  been  recognized  by  him 
as  entitled  to  the  floor.  While  the  President  is  putting  a  question 
or  a  count  is  being  had,  no  member  shall  speak  or  leave  his 
place;  and  while  a  member  is  speaking  no  member  shall  enter- 
tain any  private  discourse  or  pass  between  him  and  the  chair. 

Rule  9.  When  a  motion  to  adjourn,  or  for  a  recess,  shall  be 
carried,  no  member  or  officer  shall  leave  his  place  till  the  adjourn- 
ment or  recess  shall  be  declared  by  the  President. 

Rule  10.  No  persons,  except  members  of  the  Convention  and 
the  officers  thereof,  shall  be  permitted  within  the  Secretary's 
desk,  or  the  rooms  set  apart  for  the  use  of  the  Secretary,  during 
the  session  of  the  Convention,  and  no  member  or  other  person 
shall  visit  or  remain  by  the  Secretary's  table  while  the  yeas  and 
nays  are  being  called,  except  officers  of  the  Convention  in  the 
charge  of  their  duties. 


68  JOURNAL  OF  THE 

CHAPTER  V. 

Order  and  Debate.  ? 

Rule  11.  No  member  shall  speak  more  than  once  on  the  same 
question  until  every  member  desiring  to  speak  on  such  question 
shall  have  spoken;  nor  more  than  twice  on  any  question  without 
leave  of  the  Convention. 

Rule  12.  If  any  member,  in  speaking,  transgress  the  rules  of 
the  Convention,  the  President  shall,  or  any  member  may,  call  to 
order,  in  which  case  the  member  so  called  to  order  shall  immedi- 
ately sit  down,  and  shall  not  rise  unless  to  explain  or  proceed  in 
order. 

Rule  13.  All  questions  relating  to  the  priority  of  one  question 
or  subject-matter  over  another,  under  the  same  order  of  business, 
the  postponement  of  any  special  order,  or  the  suspension  of  any 
rule,  shall  be  decided  without  debate. 

Rule  14.  All  questions  of  order,  as  they  shall  occur,  with  the" 
decisions  thereon,  shall  be  entered  in  the  Journal,  and  at  the 
close  of  the  day's  session  a  statement  of  all  such  questions  and 
decisions  shall  be  printed  at  the  close  of  and  as  an  appendix  to 
the  Journal. 

CHAPTER  VI. 

Committees  and  Their  Duties. 

Rule  15.  The  President  shall  appoint  the  following  standing 
committees  to  report  upon  the  subjects  named,  and  such  others 
as  may  be  referred  to  them,  viz.: 

1.  On  the  preamble  and  the  bill  of  rights,  to  consist  of  eleven 
members. 

2.  On    the    Legislature,    its  organization    and    the    number, 
apportionment,  election,  tenure  of  office  and  compensation  of  its 
members,  to  consist  of  seventeen  members. 

3.  On  the  powers  and  duties  of  the  Legislature,  except  as  to 
jnatters  otherwise  referred,  to  consist  of  eleven  members. 

4.  On  the  right  of  suffrage  and  the  qualifications  to  hold  office, 
to  consist  of  seventeen  members* 

5.  On  the  Governor  and  other  State  officers,  their  election  or 
appointment,  tenure  of  office,  compensation,  powers  and  duties, 
except  as  otherwise  referred,  to  consist  of  seventeen  members. 

f>.     On  the  judiciary,  to  consist  of  seventeen  members. 


CONSTITUTIONAL  CONVENTION.  69 


7.  On  the  State  finances,  revenues,  expenditures  and  taxation, 
and   restrictions  on   the  powers  of  the  Legislature  in  respect 
thereto   and   to   public   indebtedness,    to   consist   of    seventeen 
members,      j 

8.  On  cities,  their  organization,  government  and  powers,  to 
consist  of  seventeen  members. 

9.  On  canals,  to  consist  of  eleven  members. 

10.  On  railroads,  transportation,  and  electrical  transmission, 
to  consist  of  seventeen  members. 

11.  On  counties,    towns   and  villages,   their  organiztion,    gov- 
ernment and  powers,  to  consist  of  seventeen  members. 

12.  On  county,  town  and  village  officers,  other  than  judicial, 
their   election   or  appointment,   tenure   of   office,   compensation, 
powers^and  duties,  to  consist  of  seventeen  members. 

13.*  On  State  prisons  and  penitentiaries,  and  the  prevention 
and  punishment  of  crime,  to  consist  of  eleven  members. 

14.  On   corporations  and  institutions,   not   otherwise  herein 
specified,  to  consist  of  seventeen  members. 

15.  On  currency,  banking  and  insurance,  to  consist  of  eleven 
members. 

16.  On  the  militia  and  military  officers,  to  consist  of  seven 
members.  j 

17.  On  education  and  the  funds  relating  thereto,  to  consist 
of  seventeen  members. 

18.  On    charities   and   charitable   institutions,   to    consist   of 
seventeen  members.  j 

19.  On  industrial  interests,  except  those  already  referred,  to 
consist  of  seventeen  members. 

20.  On   the  salt  springs  of   the   State,  to   consist  of  seven 
members. 

21.  On  the  relations  of  the  State  to  the  Indians   residing 
therein,  to  consist  of  seven  members. 

On  future  amendments  and  revisions  of  the  Constitution, 
consist  of  seven  members. 

23.  Revision  and  angrossment,  to  consist  of  seven  members. 

24.  Privileges  and  elections,  to  consist  of  eleven  members. 

25.  Printing,  to  consist  of  seven  members. 

26.  Contingent  expenses,  to  consist  of  seven  members. 

27.  Rules,  to  consist  of  seven  members,  and  the  President. 

Rule  16.  The  several  committees  shall  consider  and  report 
without  unnecessary  delay,  upon  the  respective  matters  referred 
to  them  by  the  Convention. 


70  JOURNAL  OF  THE 

Rule  17.  The  Committee  on  Revision  and  Engrossment  shall 
examine  and  correct  the  amendments  which  are  referred  to  it, 
for  the  purpose  of  avoiding  inaccuracies,  repetitions,  and  incon- 
sistencies. It  shall  also  carefully  examine  in  the  order  in  which 
they  shall  be  directed  by  the  Convention  to  be  engrossed  for  a 
third  reading,  all  amendments  so  engrossed,  and  see  that  the 
same  are  correctly  engrossed,  and  shall  immediately  report 
the  same  in  like  order  to  the  Convention  before  they  are  read 
the  third  time. 

Rule  18.  It  shall  be  the  duty  of  the  Committee  on  Printing  to 
examine  and  report  on  all  questions  of  printing  referred  to  them; 
to  examine  from  time  to  time,  and  ascertain  whether  the  prices 
charged  for  printing,  and  the  quantities  and  qualities  furnished, 
are  in  conformity  to  the  orders  of  the  Convention  and  to  the 
conditions  tixed  by  it;  to  ascertain  and  report  the  number  of 
copies  to  be  printed,  and  how  distributed;  and  to  report  to  the 
Convention,  from  time  to  time,  any  measures  they  may  deem  use-' 
ful  for  the  economical  and  proper  management  of  the  Convention 
printing. 

Rule  19.  It  shall  be  the  duty  of  the  Committee  on  Contingent 
Expenses  to  inquire  into  the  expenditures  of  the  Convention,  and 
whether  the  same  are  being  or  have  been  made  in  conformity  to 
law  and  the  orders  of  the  Convention,  and  whether  proper  vouch- 
ers exist  for  the  same,  and  whether  the  funds  provided  for  the 
purpose  are  economically  applied,  and  to  report,  from  time  to 
time,  such  regulations  as  may  conduce  to  economy  and  secure  the 
faithful  disbursement  of  the  moneys  appropriated  by  law. 

CHAPTER  VII. 
General  Orders  and  Special  Orders. 

Rule  20.  The  matters  referred  to  the  Committee  of  the  Whole 
Convention  shall  constitute  the  General  Orders,  and  their  titles 
shall  be  recorded  in  a  Calendar  kept  for  that  purpose  by  the 
Secretary,  in  the  order  in  which  they  shall  be  severally  referred. 

Rule  21.  The  business  of  the  General  Orders  shall  be  taken  up 
in  the  following  manner,  viz.:  The  Secretary  shall  announce  the 
title  of  each  proposed 'amendment  or  other  matter,  as  it  shall  be 
reached  in  its  order;  whereupon  it  shall  be  taken  up  on  the  call 
of  any  member,  without  the  putting  of  a  question  therefor,  but 
if  not  so  moved,  it  shall  lose  its  precedence  for  the  day.  And 
whenever  three  proposed  amendments  or  other  matters  have  been 


CONSTITUTIONAL  CONVENTION.  71 

thus  moved  the  Convention  shall  go  into  Committee  of  the  Whole 
upon  them  without  further  order. 

Rule  22.  Tuesday  and  Thursday  of  each  week  shall  be  set 
apart  especially  for  the  consideration  of  the  General  Orders;  but 
they  may  be  considered  on  any  other  day  when  reached  in  their 
order. 

Rule  23.  Each!  member  shall  be  furnished  daily  with  a 
printed  list  of  the  General  Orders,  which  shall  be  kept  on  his  files 
by  the  Sergeant-at-Arms,  in  the  same  manner  as  other  printed 
documents. 

Eule  24.  Any  matter  may  be  made  a  special  order  for  any 
particular  day,  by  a  report  of  the  Committee  on  Rules  or  by  unani- 
mous consent.  1 

CHAPTER   VIII. 

Committee  of  the  Whole. 

Rule  25.  Any  matter  may  be  committed  to  the  Committee  of 
the  Whole  after  the  report  or  discharge  of  a  standing  or  select 
committee,  or  by  unanimous  consent,  without  such  report  or  dis- 
charge. The  same  rules  shall  be  reserved  in  Committee  of  the 
Whole  as  in  the  Convention,  so  far  as  the  same  are  applicable, 
except  that  the  previous  question  shall  not  apply,  nor  the  yeas 
and  nays  be  taken. 

Rule  26.  A  motion  to  "  rise  and  report  progress  "  shall  be  in 
order  at  any  stage,  and  shall  be  decided  without  debate.  A 
motion  to  rise  and  report  is  not  in  order  until  each  section  and 
the  title  have  been  considered,  unless  the  limit  of  time  has 
expired. 

Rule  27.  Proposed  amendments  and  other  matters  shall  be 
considered  in  Committee  of  the  Whole  in  the  following  manner, 
viz.:  They  shall  be  first  read  through,  if  the  committee  so  direct; 
otherwise  they  shall  be  read  and  considered  by  sections.  When 
the  limit  of  time  has  expired,  the  amendments  which  have  been 
proposed  and  not  previously  acted  upon  shall  be  voted  upon  in 
their  order  without  further  debate.  The  proposed  amendment 
as  amended  shall  then  be  voted  upon  without  debate,  and  the 
committee  shall  then  rise  and  report  in  accordance  with  the 
action  which  it  has  taken. 

If  the  committee  shall  have  adopted  any  proposed  amendment, 
the  same  shall  be  reported  complete  with  any  amendments  made 
in  committee  incorporated  in  their  proper  places. 


72  JOURNAL  OF  THE 

Rule  28.  If  at  any  time,  when  in  Committee  of  the  Whole,  it  be 
ascertained  that  there  is  no  quorum,  the  chairman  shall  immedi- 
ately report  the  fact  to  the  President,  who  then  takes  the  chair 
for  the  purpose  of  securing  a  quorum,  and  when  that  is  obtained 
the  chairman  resumes  his  duties.  j  i 

Rule  29.  Should  the  committee  not  have  completed  the  busi- 
ness before  it  rises,  the  chairman  will  report  progress  and  ask 
leave  to  sit  again.  If  leave  be  refused,  the  effect  is  to  bring  up 
the  subject  immediately  before  the  Convention. 

CHAPTER   IX. 

Proposed  Amendments  to  the  Constitution. 

Rule  30.  No  proposition  for  amendment  shall  be  introduced  in 
the  Convention  except  in  one  of  the  following  modes,  viz. : 

1.  Under  the  order  of  introduction  of  propositions  for  amend- 
ment by  districts  in  numerical  order. 

2.  By  report  of  a  committee. 

Rule  31.  The  title  of  each  proposition  for  amendment  intro- 
duced shall  state  concisely  its  subject-matter. 

Rule  32.  All  propositions  for  amendment,  after  their  second 
reading,  which  shall  be  by  title,  shall  be  referred  to  a  standing 
or  select  committee,  to  consider  and  report  thereon,  and  shall  be 
immediately  printed  and  placed  on  the  files  of  each  member.  All 
proposed  amendments  reported  shall,  if  the  report  be 
received,  be  committed  to  the  Committee  of  the  Whole  and 
immediately  printed.  When  a  committee  has  reported  that  no 
amendment  should  be  made  to  the  provisions  of  the  existing  Con- 
stitution relating  to  any  specified  subject  and  such  report  is 
agreed  to,  all  propositions  for  amendment  relating  to  that  subject 
which  have  been  referred  to  that  committee  shall  be  considered 
as  rejected.  No  standing  or  select  committee  shall  be  discharged 
from  the  consideration  of  a  proposed  amendment  referred  to  it 
until  the  committee  has  had  a  meeting,  subsequent  to  such 
reference. 

Rule  33.  Proposed  amendments  reported  by  the  Committee  of 
the  Whole  shall  be  subject  to  debate  before  the  question  to  agree 
with  the  committee  in  their  report  is  put. 

Rule  34.  No  proposed  amendment  shall  be  ordered  to  a  third 
reading  until  it  shall  have  been  considered  in  Committee  of  the 
Whole. 


CONSTITUTIONAL  CONVENTION.  73 

Rule  35.  No  proposed  amendment  shall  be  put  upon  its  third 
reading  until  it  shall  have  been  reported  by  the  Committee  on 
Revision  and  Engrossment  as  correctly  revised  and  engrossed, 
unless  by  unanimous  consent.  Nor  shall  any  proposed  amend- 
ment be  read  the  third  time,  unless  it  shall  have  been  once 
printed. 

Rule  36.  Every  proposed  amendment  shall  receive  three  sep- 
arate readings,  previous  to  its  final  passage,  and  the  third  read- 
ing shall  be  on  a  day  subsequent  to  that  on  which  the  proposed 
amendment  passed  in  Committee  of  the  Whole. 

Rule  37.  The  third  reading  of  proposed  amendments  shall 
take  place  in  the  order  in  which  they  have  been  ordered  to  a , 
third  reading,  unless  the  Convention,  by  a  vote  of  two-thirds  of 
the  members  present,  direct  otherwise,  or  the  proposed  amend- 
ment to  be  read  is  laid  on  the  table.  And  the  question  on  the 
final  passage  of  every  proposed  amendment  shall  be  taken 
immediately  after  such  third  reading,  and  without  debate. 

Rule  38.  In  all  cases  where  unanimous  consent  is  asked  for 
advancing  a  proposed  amendment  out  of  its  order,  it  shall  be  the 
duty  of  the  President  to  plainly  announce  such  request  in  full 
twice. 

Rule  39.  On  the  third  reading  of  a  proposed  amendment  after 
the  reading  of  the  title  and  before  the  reading  of  the  text,  the 
proposed  amendment  shall  be  open  one  hour,  if  required,  for 
debate  on  its  merits,  before  the  previous  question  shall  be  ordered; 
but  no  member  shall  speak  more  than  five  minutes  or  more  than 
once;  the  vote,  however,  may  be  taken  at  any  time  when  the 
debate  is  closed. 

Rule  40.  On  the  third  reading  of  the  proposed  amendment  no 
amendment  thereto  shall  be  in  order,  except  to  fill  blanks,  with- 
out unanimous  consent. 

Rule  41.  A  motion  may  be  made  during  the  third  reading  of 
any  proposed  amendment  to  recommit  it  with  instructions,  but 
the  instructions  shall  be  in  writing,  and  such  motion  shall  not 
be  debatable. 

Rule  42.  A  register  shall  be  kept  by  the  Secretary  of  all  pro- 
posed amendments  introduced  in  the  Convention,  in  which  shall 
be  recorded,  under  appropriate  heads,  the  progress  of  such  pro- 
posed amendments  from  the  date  of  their  introduction  to  the 
time  of  their  final  disposition. 


74  JOUKNAL  OF  THE 

Rule  43.  In  all  cases  where  a  proposed  amendment,  order, 
motion  or  resolution  shall  be  entered  on  the  Journal,  the  name  of 
the  member  introducing  or  moving  the  same  shall  also  be  entered 
on  the  Journal. 

CHAPTER   X. 

Motions  and  their  Precedence. 

Rule  44.  When  a  question  is  under  consideration,  the  follow- 
ing motions  only  shall  be  received;  which  motions  shall  have 
precedence  in  the  order  stated,  viz.: 

'Motions  to  or  for: 


,  1.  Adjourn  for  the  day. 

2.  Recess. 

3.  Call  of  the  Convention. 


Not  amendable  or  debatable. 


4.  Previous  question. 

5.  Lay  on  the  table. 

6.  Postpone  indefinitely  (not  amendable). 

7.  Postpone  to  a  certain  day. 

8.  Go  into  Committee  of  the  Whole. 

n    r\         •!.  j     n          -^        £  ^    TTTI    i       Preclude  debate  on 
Commit  to  Committee  of  the  Whole.  main  questions> 

10.  Commit  to  a  standing  committee. 

11.  Commit  to  a  select  committee. 
IS.^Amend. 

Rule  45.  Every  motion  or  resolution  shall  be  stated  by  the 
President  or  read  by  the  Secretary  before  debate,  and  again,  if 
requested  by  any  member,  immediately  before  putting  the  question ; 
and  every  motion,  except  those  specified  in  subdivisions  1  to  11, 
inclusive,  of  Rule  44,  shall  be  reduced  to  writing  if  the  President 
or  any  member  request  it. 

Rule  46.  After  a  motion  shall  be  stated  by  the  President,  it  shall 
be  deemed  in  the  possession  of  the  Convention,  but  may  be 
withdrawn  at  any  time  before  it  shall  be  decided  or  amended. 

'Rule  47.  The  motion  to  adjourn,  to  take  a  recess,  and  to  adjourn 
for  a  longer  period  than  one  day,  shall  always  be  in  order;  but  the 
latter  motion  shall  not  preclude  debate. 

Rule  48.  A  motion  to  reconsider  any  vote  must  be  made  on  the 
same  day  on  which  the  vote  proposed  to  be  reconsidered  was  taken, 
or  on  the  legislative  day  next  succeeding,  and  by  a  member  who 
voted  in  the  majority,  except  to  reconsider  a  vote  on  the  final  passage 


CONSTITUTIONAL  CONVENTION.  75 

of  a  proposed  amendment,  which  shall  be  privileged  to  any  member. 
Such  motion  may  be  made  under  any  order  of  business,  but  shall  be 
considered  only  under  the  order  of  business  in  which  the  vote 
proposed  to  be  reconsidered  occurred.  When  a  motion  for  recon- 
sideration is  decided,  that  decision  shall  not  be  reconsidered,  and  no 
question  shall  be  twice  reconsidered ;  nor  shall  any  vote  be 
reconsidered  upon  either  of  the  following  motions : 

To  adjourn. 

To  lay  on  the  table. 

To  take  from  the  table;  or 

For  the  previous  question. 

Rule  49.  No  amendment  to  a  motion  shall  be  received  while 
another  is  pending,  unless  it  be  an  amendment  to  the  amendment 
and  germane  to  the  subject. 

CHAPTER  XL 

Of  Eesolutions. 

Kule  50.  The  following  classes  of  resolutions  shall  lie  over  one 
day  for  consideration,  after  which  they  may  be  called  up,  as,  of 
course,  under  their  appropriate  order  of  business: 

1.  Resolutions  containing  calls  for  information  from  any  of  the 
executive  departments,  from  State,  county  or  municipal  officers,  or 
from  any  corporate  bodies. 

1  2.  Eesolutions  giving  rise  to  debate,  except  such  as  shall  relate 
to  the  disposition  of  business  immediately  before  the  Convention, 
to  the  business  of  the  day  on  which  they  may  be  offered  or  to 
adjournments  or  recesses. 

Rule  51.  All  resolutions  for  the  printing  of  an  extra  number 
of  documents  shall  be  referred,  as,  of  course,  to  the  standing 
Committee  on  Printing,  for  their  report  thereon  before  final  action 
by  the  Convention. 

Rule  52.  All  resolutions  authorizing  or  contemplating  expendi- 
tures for  the  purposes  of  the  Convention  shall  be  referred  to  the 
standing  Committee  on  Contingent  Expenses,  for  their  report 
thereon  before  final  action  by  the  Convention. 


76  JOURNAL  OF  THE 

CHAPTER  XII. 

The  Previous  Question. 

Rule  53.  The  "previous  question"  shall  be  put  as  follows: 
"  Shall  the  main  question  now  be  put?  "  and,  until  it  is  decided, 
shall  preclude  all  amendments  or  debate.  When,  on  taking  the 
previous  question,  the  Convention  shall  decide  that  the  main 
question  shall  not  now  be  put,  the  main  question  shall  be  considered 
as  still  remaining  under  debate.  The  "  main  question  "  shall  be 
on  the  passage  of  the  proposed  amendment  to  the  Constitution, 
resolution  or  other  matter  under  consideration,  but  when  amend- 
ments thereto  are  pending,  the  question  shall  first  be  taken  upon, 
such  amendments  in  their  order,  and  when  adopted  in  Committee 
of  the  Whole,  and  not  acted  on  in  the  Convention,  the  question  shall 
be  taken  upon  such  amendments  in  like  order. 

CHAPTER  XHI. 

The  Convention  Chamber  and  Privileges  of  Admission  to*  the  Floor. 

Rule  54.  The  following  classes  of  persons,  besides  officers  and 
{members  of  the  Convention  shall  be  entitled  to  admission  to  the 
floor  of  the  Convention  during  the  session  thereof,  viz. : 

1.  Governor,  Lieutenant-Governor  and  ex-Governors  of  the  State. 

2.  Judges  of  the  Court  of  Appeals  and  of  the  Supreme  Court. 

3.  The  members  of  the  Senate  and  Assembly  and  ex-Speakers. 

4.  The  State  officers,  Deputies  and  Commissioners. 

5.  The  Regents  of  the  University. 

6.  United  States  Senators  and  Congressmen. 

7.  The  Capitol  Commissioners. 

8.  Persons  in  the  exercise  of  an  official  duty  directly  connected 
with  the  business  of  the  Convention. 

9.  The  reporters  for  the  press,   as  provided  by  subdivision   7 
of  Rule  2. 

No  other  person  shall  be  admitted,  to  the  floor  during  the  session, 
except  upon  the  permission  of  the  President  or  by  vote  of  the 
Convention;  and  persons  so  admitted  shall  be  allowed  to  occupy 
places  only  in  the  seats  in  the  rear  of  the  Assembly  Chamber.  All 
permits  granted  by  the  President  may  be  revoked  by  him  at  pleasure, 
or  upon  the  order  of  the  Convention.  No  person  shall  be  entitled 
to  the  privileges  of  the  floor  of  the  Convention  as  a  legislative 


CONSTITUTIONAL  CONVENTION.  77 

reporter  of  a  newspaper  who  is  interested  in  pending  or  contem- 
plated constitutional  revision,  or  who  is  employed  bj,  or  receives 
compensation  from  any  corporation,  except  a  newspaper,  news  or 
press  association.  The  doors  f  the  Convention  shall  be  kept  open 
to  the  public  during  all  its  sessions. 

CHAPTER  XIV. 
General  Eules. 

Kule  55.  Equivalent  motions,  resolutions  or  amendments  thereto 
shall  not  be  entertained.  If  any  question  contains  several  distinct 
propositions,  it  shall  be  divided  by  the  Chair  at'  the  request  of  any 
member,  but  a  motion  to  "  strike  out  and  insert "  shall  be  indivisible. 

Rule  56.  All  proposed  action  touching  the  rules  and  order  of 
business,  except  by  unanimous  consent,  shall  be  referred  to  the 
Committee  on  Rules;  such  committee  may  sit  during  the  session 
of  the  Convention  without  special  leave,  and  report  at  any  time 
on  rules  or  order  of  business.  It  will  be  in  order  to  call  up  for 
consideration  at  any  time  a  report  from  the  Committee  on  Rules. 
Any  member  may  object  to  its  consideration  until  the  next  legislative 
day,  and  if  sustained  by  twenty-four  other  members,  the  considera- 
tion shall  be  so  postponed,  but  only  once.  Pending  the  final 
consideration  thereof,  but  one  motion  that  the  Convention  adjourn 
may  be  entertained,  and  no  other  dilatory  motion  shall  be  enter- 
tained until  such  report  is  fully  disposed  of.  A  motion  to  suspend 
the  rules  shall  in  all  cases  state  specifically  the  object  of  the 
suspension,  and  every  case  of  suspension  of  a  rule  under  such  notice 
and  motion  shall  be  held  to  apply  only  to  the  object  specified  therein. 
Provided,  that  whenever  a  standing  committee  shall  make  a  report 
on  a  constitutional  amendment  or  other  subject,  or  at  any  time,  the 
Committee  on  Rules  may  report  a  rule  limiting  the  time  of  debate; 
and  if  approved  or  unquestioned  by  the  Convention,  such  report  shall 
stand  as  the  time  limited  for  debate  on  the  subject-matter  referred 
to  in  such  rule,  and  the  previous  question  or  other  motion  to  close 
debate  shall  not  be  in  order  until  the  expiration  of  the  time  allotted, 
or  the  debate  has  been  closed;  the  time  thus  allotted  for  debate  shall 
be  equally  divided  between  those  in  favor  and  those  opposed  to  the 
subject-matter  under  consideration. 

Rule  57.  The  yeas  and  nays  may  be  taken  on  any  question 
whenever  so  required  by  any  fifteen  members  (unless  a  division 
by  yeas  and  nays  be  already  pending),  and  when  so  taken  shall  be 
entered  on  the  Journal. 


78  JOURNAL  OF  THE 

Eule  58.  When  the  Convention  shall  be  equally  divided  on  any 
question,  including  the  President's  vote,  the  question  shall  be 
deemed  to  be  lost. 

Rule  59.  In  considering  the  report  of  the  Committee  on  Revision 
and  Engrossment,  each  article  shall  be  open  to  amendment  germane 
to  such  changes  as  may  have  been  reported  by  the  committee, 
without  previous  notice,  but  no  one  shall  speak  more  than  five 
minutes,  or  more  than  once,  on  any  proposition  to  amend. 
1  Rule  60.  When  a  blank  is  to  be  filled  and  different  sums  or  times 
shall  be  proposed,  the  question  shall  be  first  taken  on  the  highest 
sum  and  the  longest  time. 

Rule  61.  A  majority  of  the  Convention  shall  constitute  a  quorum.* 
]n  all  cases  of  the  absence  of  members  during  its  sessions,  the 
members  present  may  take  such  measures  as  they  shall  deem 
necessary  to  secure  the  presence  of  the  absentees,  and  may  inflict 
such  censure  or  pecuniary  penalty  as  they  may  deem  just  on  those 
who,  on  being  called  on  for  that  purpose,  shall  not  render  sufficient 
excuse  for  their  absence. 

Rule  62.  For  the  purpose  of  securing  the  attendance  of  members, 
a  call  of  the  Convention  may  be  made,  but  such  call  shall  not  be  in 
order  after  the  main  question  has  been  ordered,  nor  after  the  voting 
un  any  question  has  commenced,  nor  after  the  third  reading  of  an 
amendment  has  been  completed. 

Rule  63.  When  less  than  a  quorum  vote  on  any  subject  under 
consideration  by  the  Convention,  it  shall  be  in  order,  on  motion,  to 
close  the  bar  of  the  Convention,  whereupon  the  roll  of  members 
shall  be  called  by  the  Secretary,  and  if  it  is  ascertained  that  a 
quorum  is  present,  either  by  answering  to  their  names  or  by  their . 
presence  in  the  Convention,  the  yeas  and  nays  shall  again  be  ordered 
by  the  President,  and  if  any  member  present  refuses  to  vote,  such 
refusal  shall  be  deemed  a  contempt,  and  unless  purged,  the  Conven- 
tion may  order  the  Sergeant-at-Arms  to  remove  said  member  or 
members  without  the  bar  of  the  Convention,  and  all  privileges  of 
membership  shall  be  refused  the  person  or  persons  so  offending  until 
the  contempt  be  duly  purged. 

Rule  64.  Whenever  any  person  shall  be  brought  before  the  bar 
of  the  Convention  for  adjudged  breach  of  its  privileges,  no  debate 
shall  be  in  order,  but  the  President  shall  proceed  to  execute  the 
judgment  of  the  Convention  without  delay  or  debate. 


CONSTITUTIONAL  CONVENTION.  79 

Kule  65.  It  shall  be  the  duty  of  the  Secretary  to  keep  the  Journal 
of  each  day's  proceedings,  which  shall  be  printed  and  laid  on  the 
table  of  members  on  the  morning  after  its  approval.  In  addition  to 
his  other  duties,  he  shall  prepare  and  supervise  the  printing  of  the 
Calendars  of  the  orders  of  the  day  and  cause  them  to*  be  placed  on 
the  files  before  the  beginning  of  each  day's  session.  All  appoint- 
ments of  officers  and  employes  shall  be  entered  on  the  Journal  of 
the  Convention,  with  the  date  of  appointment. 

Kule  66.  It  shall  be  the  duty  of  the  stenographer  of  the  Conven- 
tion to  be  present  at  every  session  of  the  Convention.  He  shall  take 
stenographic  notes  of  the  debates  in  the  Convention  and  in 
Committee  of  the  Whole,  and  shall,  at  each  day's  session  of  the 
Convention,  furnish  a  copy  of  the  debates  of  the  day  before,  written 
out  in  long-hand,  and  file  the  same  with  the  Secretary,  who  shall 
keep  the  same  in  his  office,  and  the  same  shall  at  all  times  be  open 
to  the  inspection  of  delegates. 

Kule  67.  At  a  reasonable  time,  to  be  determined  by  the  Conven- 
tion, and  at  least  five  days  before  final  adjournment,  the  Committee 
on  Revision  and  Engrossment  shall  be  instructed  to  accurately 
enroll  and  engross  the  present  State  Constitution,  with  all  amend- 
ments thereto  properly  inserted,  or  the  proposed  new  Constitution; 
and  the  same  shall  be  reported  by  said  committee  to  the  Convention, 
read  through  therein,  and  submitted  to  a  final  vote  prior  to  its  final 
adjournment.  When  an  article  of  the  Constitution  is  amended,  or 
a  new  article  substituted  or  added,  such  amended  article,  or  new 
article,  shall  be  enrolled  and  engrossed  entire  in  its  proper  place  in 
the  Constitution. 

ARTICLE  XV. 
Miscellaneous  Provisions. 

Rule  68.  The  Sergeant-at-Arms  shall,  under  the  direction  of  the 
Committee  on  Printing,  receive  from  the  printer  all  matter  printed 
for  the  use  of  the  Convention,  and  keep  a  record  of  the  time  of  the 
reception  of  each  document  and  the  number  of  copies  received,  and 
cause  a  copy  of  each  to  be  placed  on  the  desk  of  each  member 
immediately  after  their  reception  by  him.  Subject  to  the  direction 
of  the  President,  he  shall  enforce  the  rules  of  the  Convention. 

Rule  69.  Separate  files  of  the  daily  Journal,  reports  of  committees 
and  of  all  documents  ordered  to  be  printed  shall  be  prepared  and 
kept  by  the  Sergeant-at-Arms,  and  one  copy  shall  be  placed  upon 
the  desk  of  each  member  of  the  Convention  and  of  the  Secretary. 


80  JOURNAL  OF  THE 

Eule  70.  There  shall  be  printed,  as  of  course,  and  without  any 
special  order,  1,000  copies  of  the  Journal  and  of  all  reports  of 
committees  on  the  subject  of  constitutional  revision. 

Eule  71.  Five  hundred  copies  of  the  Journal  and  500  copies  of 
the  reports,  as  printed,  shall  be  bound  and  distributed  as  follows, 
viz.:  To  each  member  of  the  Convention,  two  copies;  State  library, 
five  copies;  the  library  of  the  Senate,  five  copies;  the  library  of  the 
Assembly,  five  copies;  the  office  of  each  county  clerk,  one  copy,  and 
the  remaining  copies  to  such  libraries  and  other  institutions  as  shall 
be  designated  by  the  President  or  by  the  Convention. 

JOSEPH  H.  OHOATE, 

Chairman. 

Mr.  Root  moved: 

That  the  report  of  the  Committee  on  Rules  be  printed  and  dis- 
tributed to  the  members  of  the  Convention  and  that  consideration 
of  the  report  be  postponed  until  Friday,  May  25th. 

Mr.  Deady  moved  to  amend  by  inserting  "Tuesday,  May 
twenty-ninth,"  in  place  of  "  Friday,  May  twenty-fifth." 

Mr.  Mulqueen  moved  that  the  report  be  taken  up  to-morrow 
and  the  question  on  all  rules. giving  rise  to  debate  be  postponed 
until  next  Thursday. 

Mr.  McDonough  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mulqueen,  and 
it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Deady,  and 
it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root,  and  it 
was  determined  in  the  affirmative. 

Leave  of  absence  was  granted  to  Messrs.  Deyo,  Deady,  Corn- 
well,  Mantanye  and  Riggs  for  Tuesday  next.  To  Messrs.  Ackerly, 
Nichols  and  Lauterbach  for  to-morrow,  and  to  Mr.  Mullen  for 
next  week. 

On  motion  of  Mr.  McMillan,  at  11.55,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION.  81 

V 

Friday,  May  26,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  C.  I\  Evans. 

:    The  question  being  on  approval  of  the  Journal  of  May  twenty- 
fourth  as  read,  Mr.  Speer  moved: 

That  the  Journal  be  corrected  by  inserting  the  following: 

Mr.  Vedder,  Chairman  of  the  Caucus  Committee,  announced  that 

there  would  be  a  meeting  of  the  Republican  members  in  the  Assembly 

parlors  immediately  after  adjournment. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

The  Journal  of  May  twenty-fourth  was  then  approved. 

Mr.  President  announced  the  following  assignment  of  clerks  of 
Committees ; 

To  the  Committees  on : 

Governor  and  State  Officers,  Preamble,  State's  Prisons  and  Peni- 
tentiaries—  H.  G.  Getter.* 

Banking  and  Insurance,  Military,  Indians  —  J.  W.  Titus. 
1    Industrial  Interests,  Canals,  Revision  and  Engrossing — C.  H. 
Bassett. 

Railroads,  etc..  Corporations,  Privileges  and  Elections  —  J.  A. 
Cook. 

State  Finances  and  Taxation,  Education,  Charities  —  J.  H. 
Rathbone. 

County,  Town  and  Village  Officers,  County,  Town  and  Village 
Government,  Printing  —  J.  P.  Brennan. 

Contingent  Expenses,  Cities,  Right  of  Suffrage — Ray  B.  Smith. 

Rules  and  the  President,  Judiciary,  Constitutional  Amend- 
ments—  E.  A.  Fay. 

Legislative   Powers,   Legislative   Organization,    Salt   Springs  — 
George  B.  Munn.  » 

Mr.  0.  H.  Lewis  presented  a  petition  of  16,716  citizens  of  Onondaga 
favoring  striking  out  the  word  "  male  "  from  the  State  Constitution. 
Referred  to  the  Committee  on  Suffrage. 
6 


82  JOURNAL  OF  THE 

Mr.  Spencer  presented  a  petition  of  2,587  citizens  of  Fulton  on 
the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Davies  presented  a  petition  of  1,625  citizens  of  Oneida  on 
the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Abbott  presented  a  petition  of  3,634  citizens  of  St.  Lawrence 
'on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  W.  H.  Steele  presented  a  petition  of  8,006  citizens  of  Oswego 
on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Woodward  presented  a  petition  of  3,197  citizens  of  G-enesee 
on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Peck  presented  a  petition  of  1,701  citizens  of  Rensselaer  on 
the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Griswold  presented  a  petition  of  2,693  citizens  of  Greene  on 
the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Mantajne  presented  a  petition  of  3,769  citizens  of  Cortland 
on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Sclmmaker  presented  a  petition  of  9,750  citizens  of  Kings 
on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Wellington  presented  a  petition  of  8,748  citizens  of  Madi- 
son on  the  same  subject, 

Referred  to  the  Committee  on  Suffrage. 

Mr.  C.  A.  Fuller  presented  a  petition  of  2,542  citizens  of  Che- 
nango  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 


CONSTITUTIONAL  CONVENTION.  83 

Mr.  Cassidy,  on  behalf  of  Mr.  Lyon,  presented  a  petition  of 
3,017  citizens  of  Broome  on  the  same  subject. 

Keferred  to  the  Committee  on  Suffrage. 

Mr.  Kellogg  offered  a  resolution  in  words  following: 

Resolved,  That  the  Governor  of  this  State  be  requested  to  fur- 
nish this  Convention  with  the  number  of  pardons  granted  by  him 
during  his  term  of  office;  together  with  the  reason  for  such  par- 
don. Also  the  number  restored  to  citizenship  by  him  during  the 
same  time,  if  any,  and  if  so,  who. 

Referred  to  the  Committee  on  Governor  and  State  Officers. 

Mr.  McMillan  called  up  his  resolution  in  words  following: 
Resolved,  That  the  Secretary  of    this    Convention  be  and  he 
hereby  is  directed  to  transmit  to  the  eight  law  libraries  of  the  State, 
one  copy  each,  of  all  proposed  amendments  to  the  Constitution  as 
soon  as  printed. 

Mr.  McMillan  moved  to  amend  said  resolution  as  follows: 
Insert  after  the  word  "  State "  the  words  "  to  wit :  New 
York,  Brooklyn,  Syracuse  Rochester,  Kingston,  Schenectady, 
Utica,  Delhi,  Newburg,  Biiighamton,  Buffalo;  and  to  the  Harlem 
and  .Bar  association  libraries  of  New  York  and  the  New  York 
Law  library,  and  the  Livingston  County  Law  library  at  Geneseo. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  resolution  of  Mr.  McMillan, 
as  amended,  and  it  was  determined  in  the  affirmative. 

Mr.  Lincoln  moved  to  substitute  the  following  for  the  resolu- 
tion offered  by  him  and  adopted  yesterday  by  the  Convention: 

Resolved,  That  the  clerks  of  the  several  courts  in  each,  of  the 
counties  of  this  State,  in  which  persons  are  naturalized  pursuant 
to  the  laws  of  the  United  States,  be  required  to  transmit  to  the 
'Secretary  of  this  Convention,  on  or  before  the  fifteenth  day  of  June, 
next;  a  statement  of  the  number  of  persons  naturalized  in  the 
said  courts  respectively,  during  the  year  1893,  classifying  the  same 
according  to  nationality. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 


84  JOURNAL  OF  THE 

Mr.  Gilbert  offered  a  resolution  in  words  following: 
Resolved,  That  the  Secretary  of  the  Convention  be  authorized 
to  make  the  usual  contracts,  as  are  made  by  the  Clerks  of  the  two 
Houses  of  the  Legislature,  with  the  postmaster  of  the  city  of 
Albany  and  the  express  companies,  for  the  transmission  of  papers 
and  documents. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  Holls  moved  that  the  Secretary  be  directed  to  see  that 
the  debates  and  the  Journal  of  the  Convention  be  paged  continuously 
as  they  should  be. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

74. — Mr.  Johnson  presented  the  following: 

Proposing   amendment   to    article   5   of   the   Constitution    by 
adding    a    provision   for   an   election    commission. 
Referred  to  the  Committee  on  Governor  and  State  Officers. 

75.— By  Mr.  J.  I.  Green: 

Proposing  amendment  to  article  1,  section  2  of  the  Constitution, 
relating  to  the  procedure  in  case  of  death  or  disability  of  jurors 
in  criminal  cases.  - 

Referred  to  the  Committee  on  Judiciary. 

76.  —  Also,  proposing  amendment  to  article  1,  section  6  of  the 
Constitution,  in  relation  to  the  abolition  of  capital  punishment. 

Referred  to  the  Committee  on  Judiciary. 

77. — By  Mr.  Dickey: 

Proposing  amendment  to  article  6,  section  13  of  the  Constitu- 
tion, permitting  assignments  by  Governor  to  judicial  duty  of  cer- 
tain judges  beyond  the  age  of  seventy  years. 

Referred  to  the  Committee  on  Judiciary. 

78.— By  Mr.  A.  B.  Steele: 

Proposing  amendment  to  article  6,  section  13  of  the  Constitu- 
tion, relating  to  the  pardoning  power. 

Referred  to  the  Committee  on  Governor  and  State  Officers. 

79.— Also,  proposing  amendment  to  article  4,  section  5  of  the 
Constitution,  relating  to  County  and  Surrogate's  Court. 
Referred  to  the  Committee  on  Judiciary. 


CONSTITUTIONAL  CONVENTION.  85 

80. — By  Mr.   Barrow: 

Proposing  amendment  to  article  7,  section  6  of  the  Constitution, 
relating  to  the  sale  or  lease  of  certain  canals. 
Keferred  to  the  Committee  on  Canals. 

81. — Also,  proposing  amendment  to  article  3,  section  9  of  the 
Constitution,  relating  to  two-thirds  bills. 

Eeferred  to  the  Committee  on  Legislative  Powers  and  Duties. 

82.— By  Mr.  Cookinham: 

Proposing  amendment  to  the  Constitution  adding  an  article 
on  the  construction  of  the  Constitution. 

Referred  to  the  Committee  on  Judiciary. 

83.— By  Mr.  Mantanye. 

Proposing  amendment  to  article  3,  sections  2  and  6  of  the  Con- 
stitution, lengthening  the  terms  of  office  of  senators  and  mem- 
bers of  assembly,  changing  their  compensation  and  providing 
for  biennial  sessions. 

Keferred  to  the  Committee  on  Legislature  and  its  Organization. 

84.— By  Mr.  Hawley:  \ 

Proposing  amendment  to  article  8,  section  2  of  the  Constitution, 
relating  to  corporations. 
Referred  to  the  Committee  on  Corporations. 

85. — Also,  proposing  amendment  to  the  Constitution  by  strik- 
ing out  article  8,  section  2,  relating  to  corporations. 

Referred  to  the  Committee  on  Corporations. 

86.— By  Mr.  Doty: 

Proposing  amendment  to  article  1,  section  17  of  the  Con- 
stitution, relating  to  the  appointment  of  commissioners  of  codi- 
fication. 

Referred  to  the  Committee  on  Judiciary. 

87. — By  Mr.  Becker: 

Proposing  amendment  to  article  3,  section  18  of  the  Constitu- 
tion, providing  for  the  appointment  of  commissioners  of  jurors  in 
certain  counties  containing  cities  of  over  twenty-five  thousand 
inhabitants. 

Referred  to  the  Committee  on  Judiciary. 


86  JOURNAL  OF  THE 

88.— By  Mr.  MeKinstry: 

Proposing  amendment  to  article  10,  section  2  of  the  Constitu- 
tion, empowering  the  Legislature  to  extend  the  right  of  suffrage 
in  city,  town  and  village  elections  to  all  citizens. 

Referred  to  the  Committee  on  County,  Town  and  Village 
Government. 

89. — Also,  proposing  amendment  to  article  10,  section  1,  of  the 
Constitution,  rendering  county  treasurers  ineligible  for  successive 
terms. 

Referred  to  the  Committee  on  County,  Town  and  Village 
Officers. 

90. — Also,  proposing  amendment  to  article  3,  of  the  Constitu- 
tion, enabling  the  Legislature  to  restrict  by  taxation  the  traffic  in 
intoxicating  liquors. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

Mr.  Root  called  up  the  report  of  the  Committee  on  Rules  in 
words  following. 

CHAPTER  I. 

Powers  and  Duties  of  the  President  and  Vice-Presidents. 

Rule  1.  The  President  shall  take  the  chair  each  day  at  the 
hour  to  which  the  Convention  shall  have  adjourned.  He  shall  call 
to  order,  and,  except  in  the  absence  of  a  quorum,  shall  proceed  to 
business  in  the  manner  prescribed  by  these  rules. 

Rule  2.  He  shall  possess  the  power  and  perform  the  duties 
herein  prescribed,  viz. : 

1.  He  shall  preserve  order  and  decorum,  and,  in  debate,  shall 
prevent  personal  reflections,  and  confine  members  to  the  question 
under  discussion.     When  two  or  more  members  rise  at  the  same 
time,  he  shall  name  the  one  entitled  to  the  floor. 

2.  He  shall  decfde  all  questions  of  order,  subject  to  appeal  to 
the  Convention.     On  every  appeal  he  shall  have  the  right,  in  his 
place,  to  assign  his  reason  for  his  decision.    In  case  of  such  appeal 
no  member  shall  speak  more  than  once. 

3.  He  shall  appoint  all  committees,  except  where  the  Conven- 
tion shall  otherwise  order. 


CONSTITUTIONAL  CONVENTION.  87 

4.  He  may  substitute  any  member  to  perform  the  duties  of  the 
chair  during  the  absence  or  inability  of  both  Vice-Presidents,  but 
for  no  longer  period  than  two  consecutive  legislative  days,  except 
by  special  consent  of  the  Convention. 

5.  When  the  Convention  shall  be  ready  to  go  into  Committee  of 
the  Whole,  he  shall  name  a  chair-man  to  preside  therein,  subject  to 
right  of  committee  to  elect  its  own  chairman. 

6.  He  shall  certify  the  passage  of  all  amendments  by  the  Con- 
vention, with  the  date  thereof. 

7.  He  shall  designate  the  persons  who  shall  act  as  reporters 
for  the  public  press,  not  exceeding  thirty  in  number;  but  no  reporter 
shall  be  admitted  to  the  floor  who  is  not  an  authorized  representative 
of  a  daily  paper.    Such  reporters,  so  appointed,  shall  be  entitled  to 
such  seats  as  the  President  shall  designate,  and  shall  have  the  right 
to  pass  to  and  fro  from  such  seats  in  entering  or  leaving  the  Assembly 
Chamber.     No  reporter  shall  appear  before  any  of  the  committees 
in  advocacy  of,  or  in  opposition  to,  anything  under  consideration 
before  such  committees.    A  violation  of  this  rule  will  be  sufficient 
cause  for  the  removal  of  such  reporter.    Removal  for  this  cause  shall 
be  vested  in  the  President. 

8.  He  shall  not  be  required  to  vote  in  ordinary  proceedings, 
except  where  his  vote  would  be  decisive.    In  case  of  a  tie  vote  the 
question  shall  be  lost.    He  shall  have  general  control,  except  as  pro- 
vided by  rule  or  law,  of  the  Assembly  Chamber  and  of  the  corridors 
and  passages  in  that  part  of  the  Capitol  assigned  to  the  use  of  the 
Convention.     In  case  of  any  disturbance  or  disorderly  conduct  in 
the  galleries,  corridors  or  passages,  he  shall  have  the  power  to  o>rder 
the  same  to  be  cleared,  and  may  cause  any  person  guilty  of  such  dis- 
turbance or  disorderly  conduct  to  be  brought  before  the  bar  of  the 
Convention.    In  all  such  cases  the  members  present  may  take  such 
measures  as  they  shall  deem  necessary  to  prevent  a  repetition  of 
such  misconduct,  either  by  the  infliction  of  censure  or  pecuniary 
•penalty,  as  they  may  deem  best,  on  the  parties  thus  offending. 

9.  He  shall  also  be  ex  officio  member  and  chairman  of  the  Com- 
mittee on  Rules. 

10.  In  the  absence  of  the  President,  or  his  inability  to  preside, 
his  duties  shall  devolve  upon  the  First  Vice-President,  or,  if  he 
also  be  absent,  upon  the  Second  Vice-President. 


88  JOURNAL  OP  THE 

CHAPTER  II. 

Order  of  Business. 

Rule  3.  The  first  business  of  each  day's  session  shall  be  the 
reading  of  the  Journal  of  the  preceding  day,  and  the  correction  of 
any  errors  that  may  be  found  to  exist  therein.  Immediately  there- 
after, except  on  days  and  at  times  set  apart  for  the  consideration  of 
special  orders,  the  order  of  business  shall  be  as  follows: 

1.  Presentation    of  memorials.      Under   which   head    shall    be 
included  petitions,  remonstrances  and  communications  from  indi- 
viduals, and  from  public  bodies. 

2.  Communications  from  the  Governor  and  other  State  officers. 
Under  this  head  shall  be  embraced  also  communications  from 
public    officers   and    from    corporations    in    response   to    calls   for 
information. 

3.  Notices,  motions  and  resolutions,  to  be  called  for  by  districts, 
numerically. 

4.  Propositions  for  amendment,  by  districts  in  numerical  order. 

5.  Reports    of    standing    committees    in    the    order    stated  in 
Rule  15. 

6.  Reports  of  select  committees. 

7.  Third  reading  of  proposed  amendments. 

8.  Unfinished  business  of  General  Orders. 

9.  Special  orders. 

10.  General  Orders. 

Reports  from  Committee  on  Revision  and  Engrossment  may  be 
received  under  any  order  of  business. 

CHAPTER  III. 

Rights  and  Duties  of  Members.   • 

Rule  4.  Petitions,  memorials,  remonstrances  and  any  other 
papers  addressed  to  the  Convention,  shall  be  presented  by  the 
President,  or  by  any  member  in  his  place,  read  by  their  titles 
and  referred  to  the  proper  committee. 

Rule  5.  Every  member  presenting  a  paper  shall  indorse  the 
same;  if  a  petition,  memorial,  remonstrance  or  communication  in 
answer  to  a  call  for  information,  with  a  concise  statement  of  its 
subject,  and  his  name;  if  a  notice  or  resolution,  with  his  name;  if 
a  proposition  for  amendment,  with  a  statement  of  its  title  and 


CONSTITUTIONAL  CONVENTION.  89 

his  name;  if  a  proposition  of  any  other  kind  for  the  consideration 
of  the  Convention,  with  a  statement  of  its  subject,  the  proposer's 
name,  and  the  reference,  if  any,  desired.  A  report  of  a  committee 
must  be  indorsed  with  a  statement  of  such  report,  together  with 
the  name  of  the  committee  making  the  same,  and  shall  be  signed 
by  the  chairman. 

Kule  6.  Every  member  who  shall  be  within  the  bar  of  the  con- 
vention, when  a  question  is  stated  from  the  chair,  shall  vote  thereon 
unless  he  be  excused  by  the  Convention,  or  unless  he  be  directly 
interested  in  the  question;  nor  shall  the  roll  of  absentees  be  more 
than  once  called.  The  bar  of  the  Convention  shall  be  deemed  to 
include  the  body  of  the  Convention  Chamber. 

Rule  7.  Any  member  requesting  to  be  excused  from  voting  may 
make,  when  his  name  is  called,  a  brief  statement  of  the  reasons  for 
making  such  request,  not  exceeding  three  minutes  in  time,  and  the 
Convention,  without  debate,  shall  decide  if  it  will  grant  such  request; 
but  nothing  in  this  rule  contained  shall  abridge  the  right  of  any 
member  to  record  his  vote  on  any  question  previous  to  the  announce- 
ment of  the  result. 

CHAPTER  IV. 

Order  and  Decorum. 

Kule  8.  No  member  rising  to  debate,  to  give  a  notice,  make  a 
motion,  or  present  a  paper  of  any  kind,  shall  proceed  until  he  shall 
have  addressed  the  President,  and  been  recognized  by  him  as  entitled 
to  the  floor.  While  the  President  is  putting  a  question  or  a  count 
is  being  had,  no  member  shall  speak  or  leave  his  place;  and  while  a 
member  is  speaking  no  member  shall  entertain  any  private  discourse 
or  pass  between  him  and  the  chair. 

Rule  9.  When  a  motion  to  adjourn,  or  for  a  recess,  shall  be 
carried,  no  member  or  officer  shall  leave  his  place  till  the  adjourn- 
ment or  recess  shall  be  declared  by  the  President. 

1  Rule  10.  No  persons,  except  members  of  the  Convention  and 
the  officers  thereof,  shall  be  permitted  within  the  Secretary's  desk, 
or  the  rooms  set  apart  for  the  use  of  the  Secretary,  during  the  session 
of  the  Convention,  and  no  member  or  other  person  .shall  visit  or 
remain  by  the  Secretary's  table  while  the  yeas  and  nays  are  being 
called,  except  officers  of  the  Convention  in  the  discharge  of  their 
duties. 


90  JOURNAL  OF  THE 

CHAPTER  V. 

Order  of  Debate. 

Rule  11.  No  member  shall  speak  more  than  once  on  the  same 
question  until  every  member  desiring  to  speak  on  such  question 
shall  have  spoken;  nor  more  than  twice  on  any  question  without 
leave  of  the  Convention. 

Rule  12.  If  any  member,  in  speaking,  transgress  the  rules  of 
'the  Convention,  the  President  shall,  or  any  member  may,  call  to 
order,  in  which  case  the  member  so  called  to  order  shall  immedi- 
ately sit  down,  and  shall  not  rise  unless  to  explain  or  proceed  in 
order. 

Rule  13.  All  questions  relating  to  the  priority  of  one  question 
or  subject-matter  over  another,  under  the  same  order  of  business, 
the  postponement  of  any  special  order,  or  the  suspension  of  any  rule' 
shall  be  decided  without  debate. 

Rule  14.  All  questions  of  order,  as  they  shall  occur,  with  the 
decisions  thereon,  shall  be  entered  in  the  Journal,  and  at  the  close 
of  the  day's  session  a  statement  of  all  such  questions  and  decisions 
shall  be  printed  at  the  close  of  and  as  an  appendix  to  the 
Journal. 

CHAPTER  VI. 

Committees  and  Their  Duties. 

Rule  15.  The  President  shall  appoint  the  following  standing 
committees  to  report  upon  the  subjects  named,  and  such  others  as 
may  be  referred  to  them,  viz. : 

1.  On  the  preamble  and  the  bill  of  rights,  to  consist  of  eleven 
members. 

2.  On  the  Legislature,  its  organization  and  the  number,  appor- 
tionment, election,  tenure  of  office  and  compensation  of  its  members, 
to  consist  of  seventeen  members. 

3.  On  the  powers  and  duties  of  the  Legislature,  except  as  to 
matters  otherwise  referred,  to  consist  of  seventeen  members. 

4.  On  the  right  of  suffrage  and  the  qualifications  to  hold  office, 
to  consist  of  seventeen  members. 

5.  On  the  Governor  and  other  State  officers,  their  election  or 
appointment,  tenure  of  office,   compensation,   powers  and  .duties, 
except  as  otherwise  referred,  to  consist  of  seventeen  members. 

6.  On  the  judiciary,  to  consist  of  seventeen  members. 


CONSTITUTIONAL  CONVENTION.  91 

7.  On  the  State  finances,  revenues,  expenditures  and  taxation, 
and   restrictions    on   the   powers   of   the   Legislature  in    respect 
thereto  and  to  public  indebtedness^  to  consist  of  seventeen  members. 

8.  On   cities,  th£ir   organization,   government  and  powers,    to 
consist  of  seventeen  members. 

9.  On  canals,  to  consist  of  eleven  members. 

10.  On  railroads,  transportation,  and  electrical  transmission,  to 
consist  of  seventeen  members. 

11  On  counties,  towns  and  villages,  their  organization,  govern- 
ment and  powers,  to  consist  of  seventeen  members. 

12.  On  county,  town  and  village  officers,  other  than  judicial; 
their  election  or  appointment,  tenure  of  office,  compensation,  powers 
and  duties,  to  consist  of  seventeen  members. 

13.  On  State  prisons  and  penitentiaries,  and  the  prevention  and 
punishment  of  crime,  to  consist  of  eleven  members. 

14.  On  corporations  and  institutions,  not  otherwise  herein  speci- 
fied, to  consist  of  seventeen  members. 

15.  On  currency,  banking  and  insurance,  to  consist  of  eleven 
members. 

16.  On  the   militia   and   military   officers,  to  consist  of    seven 
members. 

17.  On  education  and  the  funds  relating  thereto,  to  consist  of 
seventeen  members. 

18.  On  charities  and  charitable  institutions,  to  consist  of  seven- 
teen members. 

19.  On  industrial  interests,  except  those  already  referred,  to 
consist  of  seventeen  members. 

20.  On  the  salt  springs  of  the  State,  to  consist  of  seven  members. 

21.  On  the  relations  of  the  State  to  the  Indians  residing  therein, 
to  consist  of  seven  members. 

22.  On  future  amendments  and  revisions  of  the  Constitution,  to 
consist  of  seven  members. 

23.  Revision  and  engrossment,  to  consist  of  seven  members. 

24.  Privileges  and  elections,  to  consist  of  eleven  members. 

25.  Printing,  to  consist  of  seven  members. 

26.  Contingent  expenses,  to  consist  of  seven  members. 

27.  Rules,  to  consist  of  seven  members,  and  the  President. 

Rule  16.  The  several  committees  shall  consider  and  report,  with- 
out unnecessary  delay,  upon  the  respective  matters  referred  to 
them  by  the  Convention. 


92  JOURNAL  OF  THE 

Rule  17.  The  Committee  on  Revision  and  Engrossment  shall 
examine  and  correct  the  amendments  which  are  referred  to  it, 
for  the  purpose  of  avoiding  inaccuracies,  repetitions  and  inconsis- 
tencies. It  shall  also  carefully  examine  in  the  order  in  which  they 
shall  be  directed  by  the  Convention  to  be  engrossed  for  a  third  read- 
ing, all  amendments  so  engrossed,  and  see  that  the  same  are  cor- 
rectly engrossed,  and  shall  immediately  report  the  same  in  like  order 
to  the  Convention  before  they  are  read  the  third  time. 
<  Rule  18.  'It  shall  be  the  duty  of  the  Committee  on  Printing  to 
examine  and  report  on  all  questions  of  printing  referred  to  them; 
>to  examine,  from  time  to  time,  and  ascertain  whether  the  prices 
charged  for  printing,  and  the  quantities  and  qualities  furnished, 
are  in  conformity  to  the  orders  of  the  Convention  and  to  the  con- 
ditions fixed  by  it;  to  ascertain  and  report  the  number  of  copies 
to  be  printed,  and  how  distributed;  and  to  report  to  the  Convention 
from  time  to  time,  any  measures  they  may  deem  useful  for  the 
economical  and  proper  management  of  the  Convention  printing. 

•  Rule  19.  It  shall  be  the  duty  of  the  Committee  on  Contingent 
Expenses  to  inquire  into  the  expenditures  of  the  Convention,  and 
whether  the  same  are  being  or  have  been  made  in  conformity  to  law 
and  the  orders  of  the  Convention,  and  whether  proper  vouchers  exist 
for  the  same,  and  whether  the  funds  provided  for  the  purpose  are 
economically  applied,  and  to  report,  from  time  to  time,  such  regula- 
tions as  may  conduce  to  economy  and  secure  the  faithful  disburse- 
ment of  the  moneys  appropriated  by  law. 

CHAPTER  VH. 

General  Orders  and  Special  Orders. 

»  Rule  20.  The  matters  referred  to  the  Committee  of  the  Whole 
Convention  shall  constitute  the  General  Orders,  and  their  titles  shall 
be  recorded  in  a  Calendar  kept  for  that  purpose  by  the  Secretary,  in 
the  order  in  which  they  shall  be  severally  referred. 

Rule  21.  The  business  of  the  General  Orders  shall  be  taken  up  in 
the  following  manner,  viz.:  The  Secretary  shall  announce  the.  title 
of  each  proposed  amendment  or  other  matter,  as  it  shall  be  reached 
in  its  order;  whereupon  it  shall  be  taken  up  on  the  call  of  any  mem- 
ber, without  the  putting  of  a  question  therefor,  but  if  not  so  moved, 
it  shall  lose  its  precedence  for  the  day.  And  whenever  three  pro- 
/posed  amendments  or  other  matters  have  been  thus  moved  the 
Convention  shall  go  into  Committee  of  the  Whole  upon  them  without 
further  order. 


CONSTITUTIONAL  CONVENTION.  93 

Eule  22.  Tuesday  and  Thursday  of  each  week  shall  be  set  apart 
especially  for  the  consideration  of  the  General  Orders;  but  they  may 
be  considered  on  any  other  day  when  reached  in  their  order. 

Rule  23.  Each  member  shall  be  furnished  dairy  with  a  printed 
list  of  the  General  Orders,  which  shall  be  kept  on  his  files  by  the 
Sergeant-at-Arms,  in  the  same  manner  as  other  printed  documents. 

Kule  24.  Any  matter  may  be  made  a  special  order  for  any  par- 
ticular day,  by  a  report  of  the  Committee  on  Rules  or  by  unanimous 
consent. 

CHAPTER  VIII. 

Committee  of  the  Whole. 

Rule  25.  Any  matter  may  be  committed  to  the  Committee  of  the 
Whole  after  the  report  or  discharge  of  a  standing  or  select  committee, 
or  by  unanimous  consent  without  such  report  or  discharge.  The 
'same  rules  shall  be  observed  in  Committee  of  the  Whole  as  in  the 
^Convention,  so  far  as  the  same  are  applicable,  except  that  the 
previous  question  shall  not  apply,  nor  the  yeas  and  nays  be  taken. 

Rule  2G.  A  motion  to  "  rise  and  report  progress  "  shall  be  in 
order  at  any  stage,  and  shall  be  decided  without  debate.  A  motion 
to  rise  and  report  is  not  in  order  until  each  section  and  the  title 
have  been  considered,  unless  the  limit  of  time  has  expired. 

Rule  27.  Proposed  amendments  and  other  matters  shall  be  con- 
sidered in  Committee  of  the  Whole  in  the  following  manner,  viz  : 
They  shall  be  first  read  through,  if  the  committee  so  direct;  other- 
wise ttiey  shall  be  read  and  considered  by  sections.  When  the 
limit  of  time  has  expired,  the  amendments  which  have  been  pro- 
posed and  not  previously  acted  upon  shall  be  voted  upon  in  their 
order  without  further  debate.  The  proposed  amendment  as  amended 
•shall  then  be  voted  upon  without  debate,  and  the  committee  shall 
then  rise  and  report  in  accordance  with  the  action  which  it  has  taken. 
,  If  the  committee  shall  have  adopted  any  proposed  amendment, 
the  same  shall  be  reported  complete  with  any  amendments  made 
,li  committee  incorporated  in  their  proper  places. 

Rule  28.  If  at  any  time,  when  in  the  Committee  of  the  Whole,  it 
be  ascertained  that  there  is  no  quorum,  the  chairman  shall  immedi- 
ately report  the  fact  to  the  President,  who  then  takes  the  chair  for 
the  purpose  of  securing  a  quorum,  and  when  that  is  obtained  the 
chairman  resumes  his  duties. 


94  JOURNAL  OF  THE 

.  Rule  29.  Should  the  committee  not  have  completed  the  business 
•before  it  rises,  the  chairman  will  report  progress  and  ask  leave  to 
sit  again.  If  leave  be  refused,  the  effect  is  to  bring  up  the  subject 
•immediately  before  the  Convention. 

CHAPTER  IX. 

Proposed  Amendments  to  the  Constitution. 

Rule  30.     No  proposition  for  amendment  shall  be  introduced  in 
the  Convention,  except  in  one  of  the  following  modes,  viz. : 
.    1.     Under  the  order  of  introduction  of  propositions  for  amend- 
ment by  districts  in  numerical  order. 

2.     By  report  of  a  committee. 

Rule  31.  The  title  of  each  proposition  for  amendment  introduced 
shall  state  concisely  its  subject-matter. 

Rule  32.  All  propositions  for  amendment,  after  their  second 
reading,  which  shall  be  by  title,  shall  be  referred  to  a  standing  or 
.select  committee,  to  consider  and  report  thereon,  and  shall  be  immedi- 
ately printed  and  placed  on  the  files  of  each  member.  All  proposed 
amendments  reported  snail,  if  the  report  be  received,  be  committed 
to  the  Committee  of  the  Whole  and  immediately  printed.  When  a 
committee  has  reported  that  no  amendment  should  be  made  to  the 
provisions  of  the  existing  Constitution  relating  to  any  .specified  sub- 
ject and  such  report  is  agreed  to,  all  propositions  for  amendment 
relating  to  that  subject  which  have  been  referred  to  that  committee 
.shall  be  considered  as  rejected.  No  standing  or  select  committee 
shall  be  discharged  from  the  consideration  of  a  proposed  amend- 
ment referred  to  it  until  the  committee  has  had  a  meeting,  subse- 
quent to  such  reference. 

Rule  33.  Proposed  amendments  reported  by  the  Committee  of 
the  Whole  shall  be  subject  to  debate  before  the  question  to  agree 
with  the  committee  in  their  report  is  put. 

Rule  34.  No  proposed  amendment  shall  be  ordered  to  a  third 
reading  until  it  shall  have  been  considered  in  Committee  of  the 
Whole. 

Rule  35.  No  proposed  amendment  shall  be  put  upon  its  third 
reading  until  it  shall  have  been  reported  by  the  Committee  on 
Revision  and  Engrossment  as  correctly  revised  and  engrossed,  unless 
"by  unanimous  consent.  Nor  shall  any  proposed  amendment  be  read 
the  third  time,  unless  it  shall  have  been  once  printed. 


CONSTITUTIONAL  CONVENTION.  95 

Kule  36.  Every  proposed  amendment  shall  receive  three  separate 
readings,  previous  to  its  final  passage,  and  the  third  reading  shall 
be  on  a  day  subsequent  to  that  on  which  the  proposed  amendment 
passed  in  Committee  of  the  Whole. 

f  Eule  37.  The  third  reading  of  proposed  amendments  shall  take 
place  in  the  order  in  which  they  have  been  ordered  to  a  third  read- 
ing, unless  the  Convention,  by  a  vote  of  two-thirds  of  the  members 
present,  direct  otherwise,  or  the  proposed  amendment  to  be  read  is 
laid  on  the  table.  And  the  question  on  the  final  passage  of  everj 
proposed  amendment  shall  be  taken  immediately  after  such  third 
reading,  and  without  debate, 

Kule  38.  In  all  cases  where  unanimous  consent  is  asked  for 
advancing  a  proposed  amendment  out  of  its  order,  it  shall  be  the  duty 
of  the  President  to  plainly  announce  such  request  in  full  twice. 

Kule  39.  On  the  third  reading  of  a  proposed  amendment  after 
the  reading  of  the  title  and  before  the  reading  of  the  text,  the  pro- 
posed amendment  shall  be  open  one  hour,  if  required,  for  debate  on 
its  merits,  before  the  previous  question  shall  be  ordered;  but  no 
member  shall  speak  more  than  five  minutes  or  more  than  once;  the 
vote,  however,  may  be  taken  at  any  time  when  the  debate  is  closed. 

Kule  40.  On  the  third  reading  of  the  proposed  amendment  no 
amendment  thereto  shall  be  in  order,  except  to  fill  blanks,  without 
unanimous  consent. 

Kule  41.  A  motion  may  be  made  during  the  third  reading  of  any 
proposed  amendment  to  recommit  it  with  instructions,  but  the 
instructions  shall  be  in  writing,  and  such  motion  shall  not  be 
debatable. 

Rule  42.  A  register  shall  be  kept  by  the  Secretary  of  all  pro- 
posed amendments  introduced  in  the  Convention,  in  which  shall 
be  recorded,  under  appropriate  heads,  the  progress  of  such  pro- 
posed amendments  from  the  date  of  their  introduction  to  the  time 
of  their  final  disposition. 

Kule  43.  In  all  cases  where  a  proposed  amendment,  order, 
motion  or  resolution  shall  be  entered  on  the  Journal,  the  name  of 
the  member  introducing  or  moving  the  same  shall  also  be  entered 
the  Journal. 


96  JOURNAL  OF  THE 

CHAPTER  X. 

Motions  and  their  Precedence. 

Rule  44.  When  a  question  is  under  consideration,  the  following 
motions  only  shall  be  received;  which  motions  shall  have  precedence 
in  the  order  stated,  viz. : 

Motions  to  or  for: 

1.  Adjourn  for  the  day.      \ 

2.  Recess.  / 

3.  Call  of  the  Convention.)  Not  amendable  or  debatable. 

4.  Previous  question.         V 

5.  Lay  on  the  table.  / 

6.  Postpone  indefinitely  (not  amendable). \ 

7.  Postpone  to  a  certain  day.  I 

8.  Go  into  Committee  of  the  Whole.       f 

£  ^i     inn    i       Preclude  debate  on 

9.  Commit  to  Committee  of  the  Whole.  msiiu  questions. 

10.  Commit  to  a  standing  committee. 

11.  Commit  to  a  select  committee. 

12.  Amend. 

Rule  45.  Every  motion  or  resolution  shall  be  stated  by  the  Presi- 
dent or  read  by  the  Secretary  before  debate,  and  again,  if  requested 
by  any  member,  immediately  before  putting  the  question;  and  every 
motion,  except  those  specified  in  subdivisions  1  to  11,  inclu- 
sive, of  Rule  44,  shall  be  reduced  to  writing  if  the  President  or  any 
member  request  it. 

Rule  46.  After  a  motion  shall  be  stated  by  the  President,  it  shall 
be  deemed  in  the  possession  of  the  Convention,  but  may  be  with- 
drawn at  any  time  before  it  shall  be  decided  or  amended. 

Rule  47.  The  motion  to  adjourn,  to  take  a  recess,  and  to  adjourn 
for  a  longer  period  than  one  day,  shall  always  be  in  order;  but  the 
latter  motion  shall  not  preclude  debate. 

Rule  48.  A  motion  to  reconsider  any  vote  must  be  made  on  the 
same  day  on  which  the  vote  proposed  to  be  reconsidered  was  taken, 
or  on  the  legislative  day  next  succeeding,  and  by  a  member  who 
voted  in  the  majority,  except  to  reconsider  a  vote  on  the  final  passage 
of  a  proposed  amendment,  which  shall  be  privileged  to  any  member. 
Such  motion  may  be  made  under  an  order  of  business,  but  shall  be 
considered  only  under  the  order  of  business  in  which  the  vote  pro- 


CONSTITUTIONAL  CONVENTION.  97 

posed  to  be  reconsidered  occurred.  When  a  motion  for  reconsidera- 
tion is  decided,  that  decision  shall  not  be  reconsidered,  and  no 
question  shall  be  twice  reconsidered ;  nor  shall  any  vote  be  recon- 
sidered, upon  either  of  the  following  motions: 

To  adjourn. 

To  lay  on  the  table. 

To  take  from  the  table;  or 

For  the  previous  question. 

Kule  49.  No  amendment  to  a  motion  shall  be  received  while 
another  is  pending,  unless  it  be  an  amendment  to  the  amendment 
and  germane  to  the  subject. 

CHAPTER  .XI. 

Of  Resolutions. 

Rule  50.  The  following  classes  of  resolutions  shall  lie  over  one 
day  for  consideration,  after  which  they  may  be  called  up,  as  of 
course,  under  their  appropriate  order  of  business. 

1.  Resolutions  containing  calls  for  information  from  any  of  the 
executive  departments,  from  State,  county  or  municipal  officers,  or 
f  com  any  corporate  bodies. 

2.  Resolutions  giving  rise  to  debate,  except  such  as  shall  relate 
to  the  disposition  of  business  immediately  before  the  Convention, 
to  the  business  of  the  day  on  which  they  may  be  offered  or  to 
adjournments  or  recesses. 

Rule  51.  All  resolutions  for  the  printing  of  an  extra  number  of 
documents  shall  be  referred,  as  of  course  to  the  standing  Com- 
mittee on  Printing,  for  their  report  thereon  before  final  action  by 
the  Convention. 

Rule  52.  All  resolutions  authorizing  or  contemplating  expendi- 
tures for  the  purposes  of  the  Convention  shall  be  referred  to  the 
standing  Committee  on  Contingent  Expenses  for  their  report 
thereon  before  final  action  by  the  Convention. 

CHAPTER  XII. 

The  Previous  Question. 

Rule  53.  The  "previous  question"  shall  be  put  as  follows: 
"  Shall  the  main  question  now  be  put?  "  and,  until  it  is  decided,  shall 
preclude  all  amendments  or  debate.  When,  on  taking  the  previous 
question,  the  Convention  shall  decide  that  the  main  question  shall 

7 


98  JOURNAL  OF  THE 

not  now  be  put,  the  main  question  shall  be  considered  as  still  remain- 
ing under  debate.  The  "  main  question  "  shall  be  on  the  passage  of 
the  proposed  amendment  to  the  Constitution,  resolution  or  other 
matter  under  consideration,  but  when  amendments  thereto  are  pend- 
ing, the  question  shall  first  be  taken  upon  such  amendments  in  their 
order,  and  when  adopted  in  Committee  of  the  Whole,  and  not 
acted  on  in  the  Convention,  the  question  shall  be  taken  upon 
such  amendments  in  like  order. 


CHAPTER  ,XIH. 

The  Convention   Chamber    and   Privileges    of  Admission    to   the 

Floor. 

Rule  54.  The  following  classes  of  persons,  besides  officers  and 
members  of  the  Convention,  shall  be  entitled  to  admission  to  the 
floor  of  the  Convention  during  the  session  thereof,  viz.: 

1.  Governor,    Lieutenant-Governor,    and    ex-Governors    of   the 
State. 

2.  Judges  of  the  Court  of  Appeals  and  of  the  Supreme  Court. 

3.  The  members  of  the  Senate  and  Assembly,  and  ex-Speakers. 

4.  The  State  officers,  Deputies  and  Commissioners. 

5.  The  Regents  of  the  University. 

6.  United  States  Senators  and  Congressmen. 

7.  The  Capitol  Commissioners. 

8.  Persons  in  the  exercise  of  an  official  duty  directly  connected 
with  the  business  of  the  Convention. 

9.  The  reporters  for  the  press,  as  provided  by  subdivision  7  of 
Rule  2. 

No  other  person  shall  be  admitted  to  the  floor  during  the  session, 
except  upon  the  permission  of  the  President  or  by  vote  of  the  Con- 
vention; and  persons  so  admitted  shall  be  allowed  to  occupy  places 
•only  in  the  seats  in  the  rear  of  the  Assembly  Chamber.  All  permits 
granted  by  the  President  may  be  revoked  by  him  at  pleasure,  or  upon 
the  order  of  the  Convention.  No  person  shall  be  entitled  to  the  privi- 
leges of  the  floor  of  the  Convention  as  a  legislative  reporter  of  a  news- 
paper who  is  interested  in  pending  or  contemplated  constitutional 
revision,  or  who  is  employed  by,  or  receives  compensation  from,  any 
corporation,  except  a  newspaper,  news  or  press  association.  The 
doors  of  the  Convention  shall  be  kept  open  to  the  public  during  all  its 
sessions, 


CONSTITUTIONAL  CONVENTION.  99 

CHAPTER  XIV. 
General  Rules. 

Rule  55.  Equivalent  motions,  resolutions  or  amendments  thereto 
shall  not  be  entertained.  If  any  question  contains  several  distinct 
propositions,  it  shall  be  divided  by  the  Chair  at  the  request  of  any 
member,  but  a  motion  to  "  strike  out  and  insert "  shall  be  indivisible. 

Rule  56.  All  proposed  action  touching  the  rules  and  order  of 
business,  except  by  unanimous  consent,  shall  be  referred  to  the  Com- 
mittee on  Rules;  such  committee  may  sit  during  the  session  of  the 
Convention  without  special  leave,  and  report  at  any  time  on  rules  or 
order  of  business.  It  will  be  in  order  to  call  up  for  consideration  at 
viny  time  a  report  from  the  Committee  on  Rules.  Any  member  may 
object  to  its  consideration  until  the  next  legislative  day,  and  if  sus- 
tained; by  twenty-four  other  members,  the  consideration  shall  be  so 
postponed,  but  only  once.  Pending  the  final  consideration  thereof, 
but  one  motion  that  the  Convention  adjourn  may  be  entertained, 
and  no  other  dilatory  motion  shall  be  entertained  until  such  report 
is  fully  disposed  of.  A  motion  to  suspend  the  rules  shall  in  all  cases 
state  specifically  the  object  of  the  suspension,  and  every  case  of  sus- 
pension of  a  rule  under  such  notice  and  motion  shall  be  held  to  apply 
only  to  the  object  specified  therein.  Provided  that  whenever  a  stand- 
ing committee  shall  make  a  report  on  a  constitutional  amendment 
or  other  subject,  or  at  any  time,  the  Committee  on  Rules  may  report 
a  rule  limiting  the  time  of  debate;  and  if  approved  or  unquestioned 
by  the  Convention,  such  report  shall  stand  as  the  time  limited  for 
debate  on  the  subject-matter  referred  to  in  such  rule,  and  the  pre- 
vious question  or  other  motion  to  close  debate  shall  not  be  in  order 
aintil  the  expiration  of  the  time  allotted,  or  the  debate  has  been 
closed;  the  time  thus  allotted  for  debate  shall  be  equally  divided 
'between  those  in  favor  and  those  opposed  to  the  subject-matter 
nnder  consideration. 

Rule  57.  The  yeas  and  nays  may  be  taken  on  any  question  when- 
ever so  required  by  any  fifteen  members  (unless  a  division  by  yeas 
and  nays  be  already  pending),  and  when  so  taken  shall  be  entered 
on  the  Journal. 

Rule  58.  When  the  Convention  shall  be  equally  divided  on  any 
question,  including  the  President's  vote,  the  question  shall  be  deemed 
to  be  lost 


100  JOURNAL  OF  THE 

Rule  59.  In  considering  the  report  of  the  Committee  on  Revi- 
sion and  Engrossment,  each  article  shall  be  open  to  amendment 
germane  to  such  changes  as  may  have  been  reported  by  the  com- 
mittee, without  previous  notice,  but  no  one  shall  speak  more  than 
five  minutes,  or  more  than  once,  on  any  proposition  to  amend. 
,  Rule  60.  When  a  blank  is  to  be  filled  and  different  sums  or  times 
shall  be  proposed,  the  question  shall  be  first  taken  on  the  highest 
sum  and  the  longest  time. 

,  Rule  61.  A  majority  of  the  Convention  shall  constitute  a  quorum. 
In  all  cases  of  the  absence  of  members  during  its  sessions, 
the  members  present  may  take  such  measures  as  they  shall  deem 
necessary  to  secure  the  presence  of  absentees,  and  may  inflict  such 
censure  or  pecuniary  penalty  as  they  may  deem  just  on  those  who, 
on  being  called  on  for  that  purpose,  shall  not  render  sufficient  excuse 
for  their  absence. 

'.  Rule  62.  For  the  purpose  of  securing  the  attendance  of  members, 
a  call  of  the  Convention  may  be  made,  but  such  call  shall  not  be  in 
order  after  the  main  question  has  been  ordered,  nor  after  the  voting 
on  any  question  has  commenced  nor  after  the  third  reading  of  an 
amendment  has  been  completed. 

Rule  63.  When  less  than  a  quorum  vote  on  any  subject  under 
consideration  by  the  Convention,  it  shall  be  in  order,  on  motion,  to 
close  the  bar  of  the  Convention,  whereupon  the  roll  of  members  shall 
be  called  by  the  Secretary,  and  if  it  is  ascertained  that  a  quorum  is 
present,  either  by  answering  to  their  names  or  by  their  presence  in 
fthe  Convention,  the  yeas  and  nays  shall  again  be  ordered  by  the 
President,  and  if  any  member  present  refuses  to  vote,  such  refusal 
shall  be  deemed  a  contempt,  and  unless  purged,  the  Convention  may 
order  the  Sergeant-at-Arms  to  remove  said  member  or  members  with- 
out the  bar  of  the  Convention,  and  all  privileges  of  membership  shall 
be  refused  the  person  or  persons  so  offending  until  the  contempt  be 
duly  purged. 

Rule  64.  Whenever  any  person  shall  be  brought  before  the  bar 
of  the  Convention  for  adjudged  breach  of  its  privileges,  no  debate 
shall  be  in  order,  but  the  President  shall  proceed  to  execute  the  judg- 
ment of  the  Convention  without  delay  or  debate. 

Rule  65.  It  shall  be  the  duty  of  the  Secretary  to  keep  the  Jour- 
nal of  each  day's  proceedings,  which  shall  be  printed  and  laid  on  the 
table  of  members  on  the  morning  after  its  approval.  In  addition  to 
his  other  duties  he  shall  prepare  and  supervise  the  printing  of  the 
.Calendars  of  the  orders  of  the  day  and  cause  them  to  be  placed  on  the 


CONSTITUTIONAL  CONVENTION.  101 

files  before  the  beginning  of  each  day's  session.  All  appointments  of 
officers  and  employes  shall  be  entered  on  the  Journal  of  the 
Convention,  with  the  date  of  appointment 

Kule  66.  It  shall  be  the  duty  of  the  stenographer  of  the  Con- 
vention to  be  present  at  every  session  of  the  Convention.  He  shall 
take  stenographic  notes  of  the  debates  in  the  Convention  and  in 
Committee  of  the  Whole,  and  shall,  at  each  day's  session  of  the  Con- 
vention, furnish  a  copy  of  the  debates  of  the  day  before,  written  out 
in  long-hand,  and  file  the  same  with  the  Secretary,  who  shall  keep 
the  same  in  his  office,  and  the  same  shall  at  all  times  be  open  to  the 
inspection  of  delegates. 

Eule  67.  At  a  reasonable  time,  to  be  determined  by  the  Con- 
vention, and  at  least  five  days  before  final  adjournment,  the 
Committee  on  Revision  and  Engrossment  shall  be  instructed  to  accu- 
rately enroll  and  engross  the  present  State  Constitution,  with  all 
amendments  thereto  properly  inserted,  or  the  proposed  new  Con- 
stitution; and  the  same  shall  be  reported  by  said  committee  to  the 
Convention,  read  through  therein,  and  submitted  to  a  final  vote  prior 
to  its  final  adjournment.  When  an  article  of  the  Constitution  is 
amended,  or  a  new  article  substituted  or  added,  such  amended  article, 
or  new  article,  shall  be  enrolled  and  engrossed  entire  in  its  proper 
place  in  the  Constitution. 

CHAPTER  XV. 
Miscellaneous  Provisions. 

Eule  68.  The  Sergeant-at-Arms  shall,  under  the  direction  of  the 
Committee  on  Printing,  receive  from  the  printer  all  matter  printed 
for  the  use  of  the  Convention,  and  keep  a  record  of  the  time  of  the 
reception  of  each  document,  and  the  number  of  copies  received,  and 
cause  a  copy  of  each  to  be  placed  on  the  desk  of  each  member  immedi- 
ately after  their  reception  by  him.  Subject  to  the  direction  of  the 
President,  he  shall  enforce  the  rules  of  the  Convention. 

Kule  69.  Separate  files  of  the  daily  Journal,  reports  of  com- 
mittees and  of  all  documents  ordered  to  be  printed  shall  be  pre- 
pared arid  kept  by  the  Sergeant-at-Arms,  and  one  copy  shall  be 
placed  upon  the  desk  of  each  member  of  the  Convention  and  of  the 
Secretary. 

Kule  70.  There  shall  be  printed,  as  of  course,  and  without  any 
special  order,  1,000  copies  of  the  Journal  and  of  all  reports  of  com- 
mittees on  the  subject  of  constitutional  revision. 


102  JOURNAL  OF  THE 

Rule  71.  Five  hundred  copies  of  the  J.ournal  and  five  hundred 
copies  of  the  reports,  as  printed,  shall  be  bound  and  distributed  as 
follows,  viz.:  To  each  member  of  the  Convention,  two  copies;  State 
library,  five  copies;  the  library  of  the  Senate,  five  copies;  the  library 
otf  the  Assembly,  five  copies;  the  office  of  each  county  clerk,  one  copy ; 
and  the  remaining  copies  to  such  libraries  and  other  institutions  as 
shall  be  designated  by  the  President  or  by  the  Convention. 

JOSEPH  H.  OHO  ATE, 

Chairman. 

Mr.  Root  moved  that  the  report  be  accepted. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Marks  moved  that  the  report  be  taken  up  rule  by  rule. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Rule  1  was  then  read  by  the  Secretary. 

Mr.  (roodelle  moved  that  Rule  1  be  adopted  as  read. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Rule  2  was  then  read. 

Mr.  Platzek  moved  to  amend  subdivision  2  of  Rule  2,  so  that 
the  last  sentence  in  such  subdivision  shall  read:  "In  case  of 
such  appeal  only  the  appellant  shall  be  allowed  to  speak." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Marks  moved  that  Rule  2  as  read  be  adopted. 
Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Barhite  moved  that  each  rule,  as  read,  by  the  Secretary, 
to  which  objection  is  not  made,  be  declared  adopted,  by  the 
President  without  further  motion. 

Mr.  President  put  the  question  on  said'  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Rule  3  was  read. 

Mr.  Alvord  moved  that  the  word  "  constitutional "  be  inserted 
in  the  fourth  and  seventh  subdivisions  before  the  word  "  amend- 
ment" 


CONSTITUTIONAL  CONVENTION.  103 

Mr.  President  put  the  question  on  said)  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Gilbert  moved  to  amend  subdivision  4,  by  striking  out 
the  words  "propositions  for  amendment"  and  inserting  in  lien 
thereof  the  words  "  overtures  "  the  same  having  been  offered  by 
Mr.  W.  H.  Steele,  and  withdrawn  by  that  gentleman. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  Eule  3,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Kule  4  was  read.  '**, 

Mr.  W.  H.  Steele  moved  to  amend  said  rule  by  inserting  after 
the  words  "read  by  their  titles"  the  words  "unless  otherwise 
ordered." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  4,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Kule  5  was  read. 

Mr.  Speer  moved  to  amend  said  rule  by  striking  out  the  word 
"  chairman  "  and  inserting  in  lieu  thereof  the  words  "  a  majority 
of  the  committee." 

Mr.  President  put  the  question  on  saidi  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Osborn  moved  to  amend  Rule  5  by  inserting  at  the  end 
thereof  the  words  "a  report  by  a  minority  of  any  committee 
shall  be  signed  by  the  members  rendering  the  same." 

Mr.  Alvord  moved  to  insert  the  word  "  constitutional "  before 
the  word  "amendment." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Alvord, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Osborn, 
and  it  was  determined  in.  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  5,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Rules  6,  7,  8,  9  and  10  were  read. 


i!04  JOURNAL  OF  THE 

There  being   no   debate,   Mr.   President   declared   said   rules 
adopted. 
Rule  11  was  read. 

Mr.  Gilbert  moved  to  amend  by  striking  out  the  words  "  once  on 
the  same  question  until  every  member  desiring  to  speak  on  such 
question  shall  have  spoken;  nor  more." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Gilbert,  and 
it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  11,  and 
it  was  determined  in  the  affirmative. 

Rule  12  was  then  read,  and  there  being  no  debate,  Mr.  Presi- 
dent declared  said  Rule  adopted. 
Rule  13  was  then  read. 

Mr.  Platzek  moved  to  amend  by  striking  out  the  words  "or  the 
suspension  of  any  rule." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Platzek,  and 
it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  13,  and 
it  was  determined  in  the  affirmative. 

Rule  14  was  read,  and  there  being  no  debate,  Mr.  President 
declared  said  rule  adopted. 

Rule  15  was  read  and  a  printer's  error  in  subdivision  3  was 
corrected  by  substituting  "seventeen"  for  the  word  "eleven;"  and 
there  being  no  debate,  Mr.  President  declared  said  rule  adopted. 

Rule  16  was  read. 

Mr.  Spencer  moved  to  amend  by  striking  out  the  words  "by  the 
Convention"  and  inserting  in  lieu  thereof  "or  which  may  relate  to 
the  subject  upon  which  they  were  appointed." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Spencer, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  16,  and 
it  was  determined  in  the  affirmative. 
Rule  17  was  read. 

Mr.  Alvord  moved  to  amend  by  inserting  the  word  "  constitu- 
tional "  before  the  word  "amendments,"  in  lines  2  and  6,  and 
also  that  the  Secretary  be  instructed  to  insert  the  word  "  consti- 


CONSTITUTIONAL  CONVENTION.  105 

tutional"  before  the  word  "amendments"  in  the  rules  wherever  it 
is  necessary. 

Mr.  President  put  the  question  on  Mr.  Alvord's  motion  and  it  was 
determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  said  rule, 
as  amended,  and  it  was  determined  in  the  affirmative. 

Mr.  Groodelle  moved  that  the  Convention  adjourn  at  half -past 
one  o'clock  for  the  day. 

Mr.  Marks  raised  the  point  of  order  that  a  motion  of  that  kind 
is  out  of  order;  that  the  business  we  are  under  is  a  special  order. 

Mr.  President  declared  the  point  of  order  well  taken. 

Eules  18,  19,  20,  21,  22  and  23  were  then  read,  and  there  being 
no  debate,  Mr.  President  declared  said  rules  adopted. 

Kule  24  was  read. 

Mr.  Abbott  moved  to  amend  by  striking  out  the  words  "by 
unanimous  consent "  and  inserting  in  lieu  thereof  the  words  "  01 
by  the  consent  of  a  majority  of  the  members  present" 

Mr.  Root  moved  as  a  substitute  for  the  motion  of  Mr.  Abbott 
to  insert  after  the  word  "  by "  in  the  second  line  of  the  rule 
the  words  "  the  acceptance  of,"  and  after  the  word  "  rules  "  in  the 
second  line  insert  the  words  "or  by  a  two-thirds  vote,"  so  that 
the  rule  will  read  "  any  matter  may  be  made  a  special  order  for 
any  particular  day  by  the  acceptance  of  the  report  of  the  Commit- 
tee on  Rules,  or  by  a  two-thirds  vote,  or  by  unanimous  consent." 

Mr.  Abbott  accepted  the  amendment 

Mr.  Holcomb  moved  to  strike  out  the  words  "or  by  a  two-thirds 
vote" 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Holcomb, 
and  it  was  determined  in  the  negative. 

Mr.  Marks  moved  to  strike  out  the  words  "or  by  unanimous 
consent" 

Mr.  President  put  the  question  on  Mr.  Mark's  motion  and  it  was 
determined  in  the  negative. 

Mr.  Lincoln  moved  to  amend  by  striking  out  the  words  "two- 
thirds  "  and  inserting  in  lieu  thereof  the  word  "  majority." 

Mr.  President  put  the  question  on  Mr.  Lincoln's  motion  and  it  was 
determined  in  the  negative. 


'106  JOURNAL  OF  THE 

Mr.  Roche  moved  to  amend  by  striking  out  all  after  the  word 
"  day  "  on  line  2  and  inserting  in  lieu  thereof  "  by  the  assent  of 
two-thirds  of  the  members  present,"  so  that  the  rule  will  read 
"  any  matter  may  be  made  a  special  order  for  any  particular  day 
by  the  assent  of  two-thirds  of  the  members  present." 

Mr.  President  put  the  question  on  Mr.  Roche's  motion,  and  it  was 
determined  in  the  negative. 

Mr.  Root  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  previous  question  and  it 
was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  substitute  offered  by  Mr. 
Root  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  24,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Mr.  Root  then  moved  that  Rule  32  be  taken  up  out  of  its  order. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root  and 
it  was  determined  in  the  affirmative. 

Rule  32  was  read. 

Mr.  Marks  moved  to  amend  by  inserting  at  the  end  of  said  rule 
the  following,  "a  report  from  a  committee  that  no  amendment 
should  be  made  to  the  provisions  of  the  existing  Constitution,  re- 
lating to  any  specific  subject  shall  not  be  received  by  the  Conten- 
tion, nor  shall  an  adverse  report  on  any  proposition  introduced 
by  a  delegate  be  received  by  the  Convention  unless  the  dele- 
gate who  has  introduced  the  amendment  upon  which  the  com- 
mittee desires  to  report  adversely  has  first  had  an  opportunity 
to  be  heard  by  said  committee." 

Mr.  Osborn  moved  to  amend  by  inserting  after  the  word  "re- 
ported "  on  line  5,  the  words  "  by  such  committee,  or  by  minori- 
ties thereof." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Osborn, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Marks,  and 
it  was  determined  in  the  negative. 

Mr.  Peck  moved  to  amend  by  inserting  after  the  words  "reports 
thereon"  the  words  "but  no  report  shall  be  made  until  after  the 
proposed  constitutional  amendment  shall  have  been  on  the  files 
at  least  one  Convention  day." 


CONSTITUTIONAL  CONVENTION.  107 

Pending  consideration. 

Mr.  Kocjie  then  moved  to  suspend  the  further  consideration  of 
the  special  order. 

Mr.  President  then  put  the  question  on  Mr.  Koche's  motion,  and 
it  was  determined  in  the  affirmative. 

Mr.  Koche  then  moved  that  the  proposed  amendments  to  the 
Constitution  already  introduced  be  ordered  printed  and  placed  on 
the  files  of  members. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche,  and 
it  was  determined  in  the  affirmative. 

Mr.  Root  then  moved  that  the  Convention  adjourn. 

Mr.  President  put  the  question  on  Mr.  Root's  motion  and  it  was 
determined  in  the  affirmative,  and,  at  12.55,  the  Convention 
adjourned. 


Tuesday,  May   29,   1894. 

The  Convention  met  pursuant  to  adjournment 

Prayer  by  Rev.  J.  B.  Thrall. 

The  Journal  of  Friday,  May  twenty-tif  th,  was  read  and  approved. 

Mr.  Fraser  presented  the  petition  of  3,216  citizens  of  Washing- 
ton county  asking  that  the  word  "male"  be  stricken  out  of  the 
Constitution,  which  was  referred  to  the  Committee  on  Suffrage. 

Mr.  Hedges,  on  behalf  of  Mr.  Arnold,  presented  the  petition  of 
3,163  citizens  of  Dutchess  county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Redman  presented  the  petition  of  2,253  citizens  of  West- 
chester  county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  H.  A.  Clark  presented  the  petition  of  1,610  citizens  of  Tioga 
county  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  McLaughlin  presented  the  petition  of  2,309  citizens  of  Essex 
county  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 


108  JOURNAL  OF  THE 

Mr.  McArthur  presented  the  petition  of  1,877  citizens  of  Warren 
county  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Floyd  presented  the  petition  of  2,246  citizens  of  Suffolk 
county  on  the  same  subject 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Nichols  presented  the  petition  of  5,943  citizens  of  Steuben 
county  on  the  same  subject 

Referred  tx>  the  Committee  on  Suffrage. 

Mr.  A.  B.  Steele  presented  the  petition  of  2,129  citizens  of 
Herkimer  county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Barhite  presented  the  petition  of  5,401  citizens  of  Wyom- 
ing county  on  the  same  subject 

LVforred  to  the  Committee  on  Suffrage. 

Mr.  Maybee  presented  the  petition  of  1,523  citizens  of  Sullivan 
county  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Cookinhain  presented  a  memorial  and  petition  of  Dana  W. 
Bigelow  and  others  against  the  appropriation  of  money  for  sec- 
tarian purposes. 

Referred  to  the  Committee  on  Charities. 

Mr.  Francis  presented  the  petition  of  citizens  of  Troy  praying 
for  the  inspection  of  various  State  institutions  yearly  or  oftener. 
Referred  to  the  Committee  on  Charities. 

Mr.  Becker  presented  a  memorial  of  the  New  York  Medico-Legal 
Society  in  regard  to  the  abolition  of  the  office  of  coroner. 

Referred  to  the  Committee  on  County,  Town  and  Village 
Officers. 

Mr.  J.  I.  Green  offered  a  resolution  in  words  following  : 
Resolved.     That  the  district  attorney   of  each   county   in  this 
State  be  requested  by  the  Secretary  to  forward  to  this  Conven- 
tion, a  list  of  the  persons  indicted  for  the  commission  of  crime 
in  their  respective  counties,  and  now  actually  confined  in  the 


CONSTITUTIONAL  CONVENTION.  109 

prisons  of  their  respective  counties  awaiting  trial,  together  with 
the  date  of  their  arrest,  and  indictment  and  for  what  cause  they 
were  indicted. 

Also  a  list  of  the  persons  actually  confined  in  prison  in  their 
respective  counties  awaiting  indictment,  with  the  date  of  their 
arrest  and  for  what  cause  arrested. 

Tabled  under  the  rule. 

Mr.  C.  H.  Lewis  offered  a  resolution  in  words  following: 
Resolved,  That  there  be  printed  in  pamphlet  form,  suitably  and 
convenient,  for  the  use  of  this  Convention,  six  hundred  copies  of 
the  rules  of  the  Convention,  as  finally  adopted,  with  a  list  of  the 
.standing  committees  and  a  list  of  the  officers  and  members  of  the 
Convention  with  their  Albany  residences. 

The  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

91. —  Mr.  Jacobs  presented  a  proposed  amendment  to  article 
?>j  sections  2,  3  and  4,  fixing  the  number  of  Senators,  their  elec- 
tion, term  of  office,  compensation  and  qualification. 

Referred  to  the  Committee  on  Legislative  Organization, 
92.— By  Mr.  Veeder: 

Proposing  amendment  to  article  3,  section  4  of  the  Constitution, 
relative  to  the  enumeration  of  inhabitants. 

Referred  to  the  Committee  on  Legislative  Orirnnizatiop. 

93. —  Also,  proposing  amendment  to  article  3,  section  9  of 
the  Constitution,  relative  to  the  organization  or  consolidation  of 
cities,  villages  or  towns. 

Referred  to  the  Committee  on  Cities,  and  County,  Town  and 
Village  Government 

94. —  Also,  proposing  amendment  to  article  12,  section  2  of 
the  Constitution,  relative  to  the  calling  of  future  Conventions  to 
revise  the  Constitution. 

Referred  to  the  Committee  on  Constitutional  Amendment, 

95.— By  Mr.  Burr  : 

Proposing  amendment  to  article  8  of  the  Constitution,  by  adding 
section  12,  prohibiting  monopolies  and  trusts. 
Referred  to  the  Committee  on  Industrial  Interests. 


illO  JOURNAL  OF  THE 

96.— By  Mr.  Hottenroth  : 

Proposing  amendment  to  article  1,  section  6  of  the  Constitution 
'relative  to  the  taking  of  property  for  public  use. 
Referred  to  the  Committee  on  Preamble. 

1  97.-- Also,  proposing  amendment  to  article  1,  section  13  of  the 
Constitution,  abolishing  dower  and  courtesy. 

Referred  to  the  Committee  on  Preamble. 

98.— By  Mr.  Chipp  : 

Proposing  amendment  to  article  2,  section  5  of  the  Consti- 
tution, relative  to  election  by  ballot  or  other  means  authorized 
by  the  Legislature. 

Referred  to  the  Committee  on  Suffrage. 

99.— By  Mr.  Roche: 

Proposing  amendment  to  the  Constitution  prohibiting  the  grant- 
ing of  pensions  to  civil  officers  or  employes,  excep.t  in  certain 
cases. 

Referred  to   the  Committee   on   Legislature,  its  Powers   and 

DntiVs. 

100. —  Also,  proposing  amendment  to  article  2,  section  1  of  the 
Constitution,  relating  to  the  naturalization  of  citizens. 
Referred  to  the  Committee  on  Suffrage. 

101..— By  Mr.  Moore  : 

Proposing  amendment  to  article  (>  of  the  Constitution,  rel- 
ative to  the  election  of  General  Term  justices  of  the  Supreme 
Court. 

Referred  to  the  Committee  on  Judiciary. 

102.— Also,  proposing  amendment  to;  article  6,  section  13  of 
the  Constitution,  relative  to  the  official' terms  of  justices  of  the 
Supreme  Court  and  judges  of  the  Court  of  Appeals. 

Referred  to  the  Committee  on  Judiciary. 

103.— By  Mr.  Cookinham  : 

Proposing  amendment  to  article  3,  section  2  of  the  Consti- 
tution, in  regard  to  the  number  of  Senators  and  members  of 
Assembly. 

Referred  to  the  Committee  on  Legislature  and  its  Organization. 


CONSTITUTIONAL*  CONVENTION.  Ill 

104— By  Mr.  C.  A.  Puller  : 

Proposing  amendment  to  article  1,  section  1  of  the  Consti- 
tution, declaring  the  State  of  New  York  an  inseparable  part  of 
the  Federal  Union. 

Eeferred  to  the  Committee  on  Preamble. 

105.— By  Mr.  Dean  : 

Proposing  amendment  to  article,  8  of  the  Constitution  relating  to 
railroads  and  other  corporations  occupying  public  franchises. 

Referred  to  the  Committee  on  Railroads. 

106.— By  Mr.  Lincoln  : 

Proposing  amendment  to  arricle  2,  section  1  of  the  Constitution, 
relative  to  the  qualification  of  voters. 

Referred  to  the  Committee  on  Suffrage. 

107. —  Also,  proposing  amendment  to  article  1,  section  14  of  the 
Constitution,  relative  to  leases  of  agricultural  land. 
.Referred  to  the  Committee  on  Preamble. 

108. —  Also,  proposing  amendment  to  article  2  of  the  Constitution, 
relative  to  voting  by  women  who  are  taxpayers. 
Referred  to  the  Committee  on  Suffrage. 

•    109. —  Also,  proposing  amendment   to  article   2,    section   4   of 
the  Constitution,  relating  to  the  registration  of  voters. 
Referred  to  the  Committee  on  Suffrage. 

110. —  Also,  proposing  amendment  to  article  2  of  the  Constitution, 
relative  to  female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  President  announced  the  special  order  being  the  considera- 
tion of  the  report  of  the  Committee  on  Rules. 

Mr.  Root  moved  to  take  up  the  rules  in  regular  order,  com- 
•;nencing  with  Rule  25. 

The  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Rule  25  was  then  read. 

Mr.  Roche  moved  to  add  at  the  end  thereof  the  following  : 

"Nor  a  limit  be  made  as  to  the  number  of  times  of  speaking.' ' 


ill2  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Durf ee  moved  to  amend : 

Strike  out  the  first  clause  and  insert  in  lieu  thereof: 
"Any  matter  may  be  committed  to  the  Committee  of  the  Whole, 
upon  the  report  of  a  standing  or  select  committee,  or,  by  unani- 
mous consent,  at  any  time.  Any  committee  may  be  discharged 
from  the  further  consideration  of  any  matter  referred  to  it,  and 
such  matter  may  then  be  referred  to  the  Committee  of  the 
Whole,  by  a  vote  of  the  Convention." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative.  .  , 

Mr.  President  put  the  question  on  adoption  of  Rule  25,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Rule  26  was  read. 

On  motion  of  Mr.  McClure  the  consideration  of  said  rule  was 
postponed  until  Rule  56  is  reached  in  order. 

Rule  27  was  read. 

.  On  motion  of  Mr.  McClure  and  by  unanimous  consent,  the  con- 
sideration of  said  rule  was  postponed  until  Rule  56  is  reached  in 
order. 

Rule  28  was  read. 

Mr.  Veeder  moved  to  amend  by  inserting  after  the  word 
"quorum,"  the  words  "the  committee  shall  then  rise,  and" 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  President  put  the  question  on  adoption  of  Rule  28  and  H 
was  determined  in  the  affirmative. 
Rule  29  was  read. 

Mr.  Veeder  moved  to  amend  by  striking  out  all  after  the  word 
"refused,"  and  insert  the  words  "such  business  shall  be  placed 
upon  General  Orders." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  President  put  the  question  on  adoption  of  Rule  29,  and  it 
was  determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  113 

Mr.  Cochran  moved  to  reconsider  the  vote  by  which  the  amend- 
ment offered  by  Mr.  Speer  to  Kule  5,  as  follows: 

Strike  out  the  word  "  chairman,"  and  insert  in  lieu  thereof  the 
words  "a  majority  of  the  committee,"  was  lost,  and  that  that 
motion  lay  on  the  table. 

Mr.  President  put  tin--  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Rules  30  and  31  were  read,  and  no  debate  arising  thereon,  the 
President  declared  said  rules  adopted. 

Kule  32  being  read,  Mr.  President  stated  the  question  to  be  upon  the 
amendment  offered  by  Mr.  Peck  on  Friday  last,  as  follows: 

Insert  after  the  words  "reports  thereon,"  the  words  "but  no 
report  shall  be  made  until  after  the  proposed  constitutional 
amendment  shall  have  been  on  the  files  at  least  one  Convention 

clay." 

By  unanimous  consent  Mr.  Peck  amended  said  amendment  by 
adding  thereto  "against  the  objection  of  five  members  of  the 
Convention." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Van  Denbergh  moved  to  amend  by  inserting  after  the  words 
"agreed  to,"  the  words  "by  Committee  of  the  Whole." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Eoot  moved  to  reconsider  the  vote  by  which  the  amend- 
ment offered  by  Mr.  Osborn,  on  Friday  last,  inserting  after  the 
word  "reported,"  the  words  "by  such  committee  or  by  minorities 
thereof,"  was  adopted. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  amendment 
offered  by  Mr.  Osborn. 

Mr.  Boot  offered  the  following  as  a  substitute  :  "Add  at  the 
end  of  Kule  32  the  following:  "All  constitutional  amendments 
proposed  by  a,  minority  report  from  any  committee,  shall  be 
printed  and  placed  on  the  files  of  the  members  of  the  Convention." 

Mr.  Osborn  accepted  the  substitute. 

8 


<114  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  substitute  offered  by 
Mr.  Root,  and  it  was  determined  in  the  affirmative. 

Mr.  Peck  moved  to  amend  by  inserting  after  the  words  "report 
thereon,"  the  words  "  but  no  report  shall  be  made  until  after  the 
proposed  constitutional  amendment  shall  have  been  on  the  files 
at  least  one  Convention  day,  against  the  objection  of  five  mem- 
bers of  the  Convention." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Veeder  moved  to  strike  out  all  after  word  "had,"  on  next 
to  the  last  line  and  inserting  in  lieu  thereof  the  words  "a  reason- 
able time  to  consider  the  same." 

Mr.  Becker  moved  to  amend  as  follows  :  Strike  out  the  words 
"no  standing  or  select  committee  shall  be  discharged  from  the 
consideration  of  a  proposed  amendment  referred  to  it  until  the 
committee  has  had  a  meeting  subsequent  to  such  reference." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Vedder  moved  to  strike  out  the  word  "received,"  and  insert 
the  words  "agreed  to." 

Mr.  President,  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  32,  as 
amended,  and  it  was  determined  in  the  affirmative. 
•    Rule  33   was  read  and,  there  being  no  debate,  Mr.  President 
declared  said  rule  adopted. 

Mr.  President  announced  as  follows: 

The  following  persons  have  been  designated  as  reporters  for 
the  public  press  in  accordance  with  subdivision  7  of  Rule  2. 

George  E.  Graham Associated  Press. 

Hugh  B.  McLean Commercial  Advertiser. 

John  W.  Griffin Rochester  Post-Express. 

E.  L.  Murlin New  York  Tribune. 

H.  S.  Cunningham Utica  Morning  Herald 

F.  G.  Mather Buffalo  Expres ;. 

Edw.  G.  Riggs .The  Sun, 

William  A.  Hoy New  York  World. 

R,  H.  Fuller Albany  Journal. 

Henry  L.  Stoddard.  ...... ; ........  .New  York  Mail  and  Express. 


CONSTITUTIONAL  CONVENTION.  115 

On  motion  of  Mr.  Becker,  at  1.12  P.  M.,  the  Convention  took  a 
recess  until  3  o'clock  P.  M. 


Three  o'clock  P.  M.  the  Convention  again  met. 

By  unanimous  consent  Mr.  Gilbert  called  up  the  resolution 
offerd  by  him  in  words  following: 

Resolved,  That  the  Secretary  of  the  Convention  be  authorized 
to  make  the  usual  contracts,  as  are  made  by  the  clerks  of  the 
two  houses  of  the  Legislature,  with  the  postmaster  of  the  city  of 
Albany,  and  the  express  companies,  for  the  transmission  of  papers 
and  documents. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

The  President  announced  the  following: 

The  following  persons  have  been  designated  to  act  as  reporters 
for  the  public  press  in  accordance  with  subdivision  7  of  Eule  2. 

Lewis  R.  Stegman Brooklyn  Standard-Union. 

Frank  Richter New  York  Staats  Zeitung. 

Hugh  Hastings New  York  Times. 

H.  W.  Smith — New  York  Evening  Sun,  Buffalo  Courier,  Rochester 

Union  and  Advertiser. 
Harry  C.  Gott Albany  Times-Union. 

Rules  34,  35,  36  were  read,  and  there  being  no  debate  Mr.  Presi- 
dent declared  said  rules  adopted. 

Rule  37  was  read. 

Mr.  Roche  moved  to  amend  by  adding  thereto  the  following  : 
"but  the  vote  on  the  final  passage  of  every  proposed  amendment, 
revision  or  addition  to  the  Constitution,  shall  be  taken  by  ayes 
and  nays  which  shall  be  entered  on  the  Journal. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  said  Rule  37, 
as  amended,  and  it  was  determined  in  the  affirmative. 

Rule  39  was  read. 

Mr.  W.  H.  Steele  moved  to  amend  by  adding  at  the  end  thereof 
the  following: 

"This  rule  shall  not  be  construed  to  prevent  debate  during  the 
reading  of  the  proposed  constitutional  amendment" 


,116  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  McClure  moved  to  amend  as  follows  :  After  word  "merits" 
insert  "or  for  amendment." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  President  put  the  question  on  adoption  of  Rule  39,  and  it 
was  determined  in  the  affirmative. 

Rule  40  was  read. 

Mr.  Roche  moved  to  amend  by  inserting  after  "blanks"  the 
words  "or  such  as  were  offered  in  Committee  of  the  Whole." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  40,  and 
it  was  determined  in  the  affirmative. 

Rule  41  was  read. 

Mr.  W.  H.  Steele  moved  to  amend  by  striking  out  the  words 
"and  such  motion  shall  not  be  debatable." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Kerwin  moved  to  amend  as  follows  :  Insert  after  the 
words  "recommit  it,"  the  words  "to  the  committee  which  originally 
reported  it." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Root  moved  to  amend  by  adding  at  the  end  thereof  "but 
any  amendment  reported  by  a  standing  committee  pursuant  to 
such  instructions,  shall  be  subject  to  be  recommitted  to  the  Com- 
mittee of  the  Whole. 

Mr.  Bowers  moved  to  amend  the  amendment  offered  by  Mr. 
Root,  by  adding  at  the  end  thereof  "motion  shall  be  debatable." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Root  moved  that  the  Convention  now  adjourn. 
Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative  by  the  following  vote: 


CONSTITUTIONAL  CONVENTION.  117 

Ayes  —  Mr.  Abbott,  Mr.  Acker,  Mr.  Allaben,  Mr.  Baker,  Mr. 
Banks,  Mr.  Barhite,  Mr.  Banmm,  Mr.  Cady,  Mr.  Carter,  Mr. 
Church,  Mr.  H.  A.  Clark,  Mr.  Coleinan,  Mr.  J.  C.  Davies,  Mr. 
Doty,  Mr.  Durfee,  Mr.  Emmet,  Mr.  Foote,  Mr.  Forbes,  Mr.  Gilbert, 
Mr.  J.  I.  Green,  Mr.  Hamlin,  Mr.  Hawley,  Mr.  Hill,  Mr.  I.  Sam 
Johnson,  Mr.  C.  H.  Lewis,  Mr.  Lincoln,  Mr.  Marshall,  Mr.  May- 
bee>s  Mr.  McDonough,  Mr.  McMillan,  Mr.  Moore,  Mr.  Morton,  Mr. 
Parker,  Mr.  Parkhurst,  Mr.  Peck,  Mr.  Porter,  Mr.  Redman,  Mr. 
Root,  Mr.  A.  B.  Steele,  Mr.  W.  H.  Steele,  Mr.  Tucker,  Mr.  Welling- 
ton, Mr.  Whitmyer,  Mr.  Wiggins,  Mr.  Woodward  —  45. 

Noes  —  Mr.  Becker,  Mr.  Bowers,  Mr.  Burr,  Mr.  Campbell,  Mr. 
Cochran,  Mr.  Danforth,  Mr.  Dean,  Mr.  Durnin,  Mr.  Floyd,  Mr. 
O.  A.  Fuller,  Mr.  Galinger,  Mr.  Giegerich,  Mr.  Gilleran,  Mr.  Good- 
elle,  Mr.  A.  H.  Green,  Mr.  Hottenroth,  Mr.  J.  Johnson,  Mr.  Ker- 
win,  Mr.  Lauterbach,  Mr.  Manley,  Mr.  McClure,  Mr.  J.  W. 
McLaughlin,  Mr.  Mereness,  Mr.  Platzek,  Mr.  Roche,  Mr.  Roderick, 
Mr.  Speer,  Mr.  Springweiler,  Mr.  Tekulsky,  Mr.  Titus,  Mr.  C.  H. 
Truax,  Mr.  C.  S.  Truax,  Mr.  Turner  Mr.  Van  Denbergh,  Mr.Veeder, 
Mr.  Vogt  — 36. 

And  at  4.55  the  Convention  adjourned. 

Thursday,  May  31,  1894. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  Dr.  S.  F.  Morrow. 

The  Journal  of  Tuesday,  May  twenty-ninth,  was  read  and 
approved. 

The  President  presented  six  petitions  of  Helen  Shelton  Smith 
and  others,  asking  an  appropriation  of  State  money  for  the  educa- 
tion of  New  York  State  Reservation  Indians  in  industrial  institu- 
tions outside  the  State,  which  was  referred  to  the  Committee  on 
Indians. 

Mr.  Pool  presented  the  petition  of  residents  of  Lockport  for  an 
amendment  to  article  8  of  the  Constitution,  relating  to  appropria- 
tions for  sectarian  purposes. 

Referred  to  the  Committee  on  Charities. 

Mr.  Tucker  presented  the  petition  of  42,478  citizens  of  New 
York  county  asking  that  the  word  "  male  "  be  stricken  out  of  the 
Constitution,  which  was  referred  to  the  Committee  on  Suffrage. 


il!8  JOURNAL  OF  THE 

Also,  the  petitions  of  the  officials  of  certain  labor  organizations, 
by  authority  of  the  American  Federation  of  Labor,  representing 
40,000  men;  the  Trade,  Labor  and  Eeform  Conference,  repre- 
senting 70,000,  and  other  organizations  representing  1,396  men, 
on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.   Wiggins  presented  the   petition   of  eighteen    citizens   of 
Orange  county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Hawley  presented  the  petition  of  2,170  citizens  of  Seneca 
county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Tucker  presented  the  petition  of  21,239  citizens  of  New 
York  city  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Danforth  presented  the  petition  of  1,209  citizens  of  Scho- 
harie  county  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Mereness  presented  the  petition  of  799  citizens  of  Lewis 
county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Osborn  presented  the 'petition  of  294  citizens  of  Putnam 
county  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Moore  presented  the  petition  of  7,900  citizens  of  Clinton 
county  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Dickey  presented  the  petition  of  1,386  citizens  of  Orange 
county  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Hill  presented  the  petition  of  8,271  citizens  of  Erie  county 
on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Hedges  presented  the  petition  of  1,075  citizens  of  Rockland 
county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 


CONSTITUTIONAL  CONVENTION.  119 

Mr.  Phipps  presented  the  petition  of  1,595  citizens  of  Queens 
county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Cassidy  presented  the  petition  of  1,853  citizens  of  Schuyler 
county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Gilbert  presented  the  petition  of  1,606  citizens  of  Franklin 
county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Platt  presented  the  petition  of  4,524  citizens  of  Chemung 
county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Van  Denbergh  presented  the  petition  of  1,556  citizens  of 
Montgomery  county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Barnum  presented  the  petition  of  4,319  citizens  of  Otsego 
county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Hamlin  presented  the  petition  of  5,216  citizens  of  Ontario 
county  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  President  presented  a  communication  from  the  Comptroller 
in  response  to  a  resolution  offered  by  Mr.  Holls,  on  the  twenty- 
third  inst.,  relating  to  funds  of  the  State  of  which  the  principal 
or  interest  is  devoted  to  educational  uses. 

Mr.  McMillan  moved  that  said  communication  be  printed  and 
placed  on  the  files  of  the  members. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Hirschberg  moved  that  said  communication  be  referred  to 
the  Committee  on  Education  when  printed,  and  it  was  determined 
in  the  affirmative.  (See  Doc.  No.  7.) 

Mr.  Phipps  offered  a  resolution  in  words  following: 
Resolved,  That  in  each  committee  room  there  be  kept  on  file 
a  complete  set  of  the  printed  records  and  documents  of  the  Con- 
stitution as  supplied  to  the  Delegates  of  this  Convention,  and  that 


il20  JOURNAL  OF  THE 

the  clerks  of  the  committees  be  and  they  are  hereby  directed  to 
place  such  records  and  documents  on  file  and  keep  them,  in  order 
for  use  of  the  committee  occupying  such  room. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  I.  S.  Johnson  offered  a  resolution  in  words  following : 
Besolved,  That  the  Committee  on  Printing  be  instructed  to 
ascertain   and   report  what  action   is   necessary   to   secure   the 
prompt   printing   and    delivery    of   all   proposed   Constitutional 
amendments  in  the  order  in  which  they  are  introduced. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 
Leave  of  absence  was  granted  to  Mr.  Riggs  indefinitely. 

Mr.  Lincoln  offered  a  resolution  in  words  following: 

Whereas,  Sixteen  States,  to  wit,  Alabama,  Arkansas,  Colorado, 
Florida,  Indiana,  Kansas,  Louisiana,  Michigan,  Minnesota,  Mis- 
souri, Nebraska,  North  Dakota,  Oregon,  South  Dakota,  Texas  and 
Wisconsin,  by  their  Constitutions,  grant  the  right  of  suffrage  to 
aliens  who  have  filed  a  declaration  of  their  intention  to  become 
citizens,  but  who  have  not  been  naturalized,  thus  permitting 
persons  to  participate  in  the  government  of  this  country  who  are 
subjects  of  a  foreign  power,  and  who  owe  no  allegiance  to  the 
State  nor  to  the  United  States,  thereby  giving  rise  to  occasions 
when  the  votes  of  aliens  may  change  the  course  of  government; 
therefore, 

Besolved,  That  it  is  the  sense  of  this  Convention  that  such  grant 
of  suffrage  is  contrary  to  the  spirit  of  American  institutions;  that 
the  right  of  suffrage  ought  to  be  uniform  throughout  the  Union, 
and  that  no  person  ought  to  be  permitted  to  vote  who  is  not  a 
citizen  of  the  United  States. 

Kesolved,  That  we  hereby  respectfully  request  Congress  to 
recommend  and  submit  to  the  several  States  for  their  considera- 
tion a  proposed  amendment  to  the  National  Constitution,  requir- 
ing all  voters  to  be  citizens,  and  prohibiting  anyv  State  from 
granting  the  right  of  suffrage  to  any  person  who  is  not  a  citizen 
of  the  United  States. 

Resolved,  That  the  Secretary  of  this  Convention  immediately 
transmit  a  copy  of  these  resolutions  to  the  President  of  the  Senate 


CONSTITUTIONAL  CONVENTION.  121 

of  the  United  States,  and  also  to  the  Speaker  of  the  House  of 
Representatives. 

Kesolved,  That  we  hereby  respectfully  request  the  Senators 
and  members  of  Congress  from  this  State  to  urge  the  adoption  by 
Congress  of  a  concurrent  resolution  providing  for  the  submission 
of  the  proposed  amendment. 

Tabled  under  the  rule. 

Mr.  Moore  offered  a  resolution  in  words  following: 

Eesolved,  That  the  Judiciary  Committee  request  all  county 
clerks  to  furnish  it  with  the  cost  of  terms  of  County  Courts  in 
their  respective  counties,  and  the  days  said  courts  have  sat,  dur- 
ing the  last  ten  years,  at  each  term.  Also,  that  the  county  treas- 
urer of  each  county  be  requested  to  furnish  said  committee  with 
the  amount  of  the  salary  of  each  county  judge,  and  of  each  surro- 
gate, and  surrogate  and  county  judge  where  the  two  offices  were 
held  by  the  same  incumbent. 

Mr.  Hamlin  moved  that  said  resolution  lay  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Storm  and  Mr.  Burr  were  granted  leave  of  absence  for 
this  afternoon  and  to-morrow. 

Mr.  Uurnin  was  granted  leave  of  absence  for  to-morrow. 
Mr.  Barrow  offered  a  resolution  in  words  following:    . 

Resolved,  That  the  Secretary  of  State  be  requested  to  furnish 
to  this  Convention,  from  suck  data  as  may  be  in  his  possession, 
as  near  as  may  be,  the  number  of  manufacturing  and  business 
corporations  organized  under  the  laws  of  other  States  for  the 
purpose  of  conducting  business  within  this  State,  during  the 
period  of  three  years  last  past,  together  with  such  information 
as  may  be  in  his  possession  as  to  the  causes  which  have  led  to 
the  organizations  of  such  corporations  without  the  State;  and 
that  the  said  Secretary  also  report  such  information  as  may  be 
in  his  possession,  if  any,  as  to  the  organization  by  citizens  of  this 
State  of  corporations  under  the  laws  of  other  States  to  do  busi- 
ness therein ;  and  the  reasons  which  have  actuated  such  organiza- 
tions to  do  business  in  other  States  rather  than  under  the  laws 
of  this  State. 

Tabled  under  the  rule. 


'122  JOURNAL  OF  THE 

111 — Mr.  Storm  presented  a  proposed  amendment  to  article  8 
of  the  Constitution,  relating  to  corporations  and  competing 
lines  of  railroads. 

Eeferred  to  the  Committee  on  Railroads. 

112— Also,  proposing  amendment  to  article  8  of  the  Consti- 
tution, relating  to  corporations  prohibiting  trusts. 
Referred  to  the  Committee  on  Corporations, 
113— By  Mr.  Tucker: 

Proposing  amendment  to  the  Constitution,  providing  for  a  new 
article  relative  to  home  rule  for  cities. 
Referred  to  the  Committee  on  Cities. 

114— Also,  proposing  amendment  to  the  Constitution  by  insert- 
ing a  new  article  providing  for  legislation  by  the  direct  "vote  of 
the  electors  of  the  State. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

115— By  Mr.  Arnold: 

Proposing  amendment  to  article  3,  section  18  of  the  Constitu- 
tion, requiring  the  publication  of  local  and  private  laws  in  the 
locality  thereby  affected.  : 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

116— By  Mr.  Roche: 

Proposing  amendment  to  article  3,  section  18  of  the  Constitu- 
tion, restricting  the  power  of  the  Legislature  to  pass  private  or 
local  bills. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

117— By  Mr.  McDonough: 

Proposing  amendment  to  article  3  of  the  Constitution,  by  add- 
ing a  new  section,  providing  for  the  employment  of  prisoners  in 
State  prisons,  penitentiaries  and  jails. 

Referred  to  the  Committee  on  State  Prisons. 


CONSTITUTIONAL  CONVENTION.  123 

118— By  Mr.  Alvord: 

Proposing  amendment  to  article  2,  section  1  of  the  Constitution, 
providing  an  educational  qualification  for  voters. 
Referred  to  the  Committee  on  Suffrage. 

119— By  Mr.  O'Brien: 

Proposing  amendment  to  article  2,  section  3  of  the  Constitution, 
disfranchising  certain  voters. 

Referred  to  the  Committee  on  Suffrage. 

120— By  Mr.  Barhite: 

Proposing  amendment  to  article  1,  section  6  of  the  Constitu- 
tion, giving  the  Legislature  power  to  pass  certain  laws  for  the 
obtaining  of  evidence  without  the  State  in  criminal  proceedings. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

121 — Also,  proposing  amendment  to  article  2,  section  1  of  the 
Constitution,  providing  for  an  educational  qualification  of  voters. 
Referred  to  the  Committee  on  Suffrage. 

122. — By  Mr.  I.  S.  Johnson: 

Proposing  amendment  to  the  Constitution,  to  prevent  the  use 
of  public  funds  by  public  officers. 
Referred  to  the  Committee  on  State  Finances  and  Taxation. 

123 — Also,  Proposing  amendment  to  the  Constitution,  relating 
to  the  uniform  assessment  and  taxation  of  property  within  the 
State.  ,  i  , 

Referred  to  the  Committee  on  State  Finances  and  Taxation. 

124— By  Mr.  Doty: 

Proposing  amendment  to  article  3,  section  18  of  the  Constitu- 
tion, relating  to  private  and  local  bills. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

125 — Also,  proposing  amendment  to  article  7  of  the  Constitu- 
tion, relating  to  canals. 

Referred  to  the  Committee  on  Canals. 


i!24  JOUENAL  OF  THE 

126 — By  Mr.  Woodward: 

Proposing  amendment  to  article  6,  section  15  of  the  Constitu- 
tion, in  regard  to  the  jurisdiction  of  county  courts. 
Eeferred  to  the  Committee  on  Judiciary. 

127 — Also,  proposing  amendment  to  article  6,  section  8  of  the 
Constitution,  in  relation  to  second  trials  of  cases  by  the  same 
Supreme  Court  justice. 

Eeferred  to  the  Committee  on  Judiciary. 

128 — Also,  proposing  amendment  to  article  6,  section  6  of  the 
Constitution,  relating  to  General  Terms  of  the  Supreme  Court. 
Eeferred  to  the  Committee  on  Judiciary. 

129— By  Mr.  McMillan: 

Proposing  amendment  to  article  4,  section  1  of  the  Constitu- 
tion, relating  to  the  Governor. 

Eeferred  to  the  Committee  on  Governor  and  State  Officers. 

130— By  Mr.  Coleman: 

Proposing  amendment  to  the  Constitution,  concerning  the  lia- 
bility of  employers  to  employes. 

Eeferred  to  the  Committee  on  Industrial  Interests. 

131— By. Mr.  Hill:  "\ 

Proposing  amendment  to  article  3,  section  8  of  the  Constitution, 
relating  to  the  eligibility  of  persons  to  a  seat  in  the  Legislature. 
Eeferred  to  the  Committee  on  Legislature,  and  its  Organization. 
132— By  Mr.  Dean: 

Proposing  amendment  to  article  3,  sections  3,  4  and  5,  to  provide 
a  non-partisan  legislative  apportionment. 
Eeferred  to  the  Committee  on  Legislature,  and  its  Organization. 

Mr.  Hamlin,  from  the  Committee  on  Printing,  made  a  report, 
which  was,  on  motion  of  Mr.  Hamlin,  ordered  printed  and  placed 
on  the  files  of  the  members. 

Mr.  President  announced  the  special  order,  being  the  further 
consideration  of  the  report  of  the  Committee  on  Eules. 


CONSTITUTIONAL  CONVENTION.  125 

Mr.  President  stated  the  question  to  be  on  the  amendment 
offered  by  Mr.  Root  to  Rule  41,  as  follows: 

Add  at  the  end  of  Kule  41  the  following:  "But  any  amendment 
reported  by  a  standing  committee  pursuant  to  such  instructions 
shall  be  subject  to  be  recommitted  to  the  Committee  of  the 
Whole." 

Mr.  Boot  withdrew  said  amendment. 

Mr.  Koot  then  moved  the  following  as  a  substitute: 
Strike  out  all  after  words  "  recommit  it "  down  to  the  words 
"and  such  motion." 

Mr.  Koche  moved  to  amend  by  substituting  the  following  for 
Kule  41: 

"  Kule  41.  A  motion  may  be  made  during  the  third  reading  of 
any  proposed  constitutional  amendment  to  recommit  it  to  such 
committee  as  the  Convention  may  direct;  such  motion  shall  not 
be  debatable,  except  that  the  member  making  it  may  speak  not 
more  than  five  minutes  in  explanation  thereof;  when  the  com- 
mittee shall  report  back,  its  report  shall  be  subject  to  considera- 
tion in  Committee  of  the  Whole,  if  the  Convention  shall  so  direct." 

Mr.  Koot  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche,  and 
it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  substitute  of  Mr.  Root, 
and  it  was  determined  in  the  affirmative. 

Mr.  Cochran  moved  to  amend  as  follows: 

After  word  "writing"  insert  the  following:  "A  proposed  con- 
stitutional amendment  reported  under  this  rule  shall  be  subject 
to  the  provisions  of  Rules  33  and  34." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cochrnn, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  41,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Rules  42  and  43  were  read,  and,  no  debate  arising,  the  Presi- 
dent declared  said  rules  adopted. 


'126  JOURNAL  OF  THE 

Rule  44  was  read. 

Mr.  Cochran  moved  to  amend  by  excluding  the  provision  that 
the  motion  to  "postpone  indefinitely"  (not  amendable)  from  the 
class  of  motions  that  preclude  debate  on  main  questions. 

Mr.  Hirschberg  moved  to  amend  by  adding  after  the  words 
"  (not  amendable)  "  the  words  "  but  debatable." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Hirschberg, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cochran, 
as  amended,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  44,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Rules  45,  46,  47,  48  and  49  were  read,  and,  no  debate  arising, 
Mr.  President  declared  said  rules  adopted. 
Rule  50  was  read. 

Mr.  E.  R.  Brown  moved  to  amend  subdivisions  1  and  2  of  said 
rule  by  substituting  the  following: 

1.  Resolutions  giving  rise  to  debate,  except  such  as  shall  relate 
to  the  dispositon  of  business  immediately  before  the  Convention 
to  the  business  of  the  day  on  which  they  may  be  offered,  or  to 
adjournments  or  recesses,  shall  lie  over  one  day  for  consideration; 
after  which,  they  may  be  called  up,  as  of  course,  under  their 
appropriate  order  of  business. 

2.  Resolutions  containing  calls  for  information  from  any  of 
the   executive   departments    from    State,    county   or   municipal 
officers,  or  from  any  corporate  bodies,  shall  be  referred  to  the 
appropriate   committee.     Such   committee   shall   report  thereon 

within  three  days. 

• 

Mr.  President  put  the  question  on  said  substitute,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  Kule  50,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Rules  51,  52  and  53  were  read,  and,  no  debate  arising,  tEe 
President  declared  said  rules  adopted. 

Mr.  Cochran  moved  to  reconsider  the  vote  adopting  Rule  53  and 
that  that  motion  lay  on  the  table. 


CONSTITUTIONAL  CONVENTION.  127 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cochran, 
and  it  was  determined  in  the  negative. 

Rules  54  and  55  were  then  read,  and,  no  debate  arising,  the 
President  declared  said  rules  adopted. 

Kule  56  was  then  read. 

Mr.  Barhite  moved  to  amend  as  follows:  Insert  after  the 
words  "  may  report  a  rule  limiting  the  time  of  debate  "  the  follow- 
ing: "And  upon  such  report  no  member  shall  speak  more  than 
once  nor  more  than  five  minutes." 

Mr.  Alvord  offered  the  following  substitute  for  Rule  50,  includ- 
ing the  amendment  offered  by  Mr.  Barhite : 

All  proposed  action  touching  the  rules  and  order  of  business 
shall  be  referred,  as  of  course,  to  the  Committee  on  Rules;  such 
committee  may  sit  during  the  session  of  the  Convention  without 
special  leave,  and  report  at  any  time  on  rules  or  order  of  business 
so  referred  to  them.  It  will  be  in  order  to  call  up  for  considera- 
tion at  any  time  a  report  from  the  Committee  on  Rules.  Any 
member  may  object  to  its  consideration  until  the  next  legislative 
day,  and,  if  sustained  by  twenty-four  other  members,  the  con- 
sideration shall  be  so  postponed,  but  only  once.  Pending  the  final 
consideration  thereof,  but  one  motion  (except  by  unanimous  con- 
sent), that  the  Convention  adjourn,  may  be  entertained,  and  no 
other  dilatory  motion  shall  be  entertained  until  such  report  is 
fully  disposed  of.  A  motion  to  suspend  the  rules  shall,  in  all 
cases,  state  specifically  the  object  of  the  suspension,  and  every 
case  of  suspension  of  a  rule  under  such  notice  and  motion  shall 
be  held  to  apply  only  to  the  object  specified  therein.  Provided, 
that  when  ordered  so  to  do  by  the  Convention,  whenever  a  stand- 
ing committee  shall  make  a  report  on  a  constitutional  amendment 
or  other  subject,  the  Committee  on  Rules  shall  report  a  rule 
limiting  the  time  for  debate,  and  upon  such  report  no  member 
shall  speak  more  than  once  nor  more  than  five  minutes,  and  if 
approved,  such  report  shall  stand  as  the  time  limited  for  debate 
on  the  subject-matter  referred  to  in  such  rule,  and  the  previous 
question  or  other  motion  to  close  debate  shall  not  be  in  order 
until  the  expiration  of  the  time  allotted  or  the  debate  has  been 
closed.  The  time  thus  allotted  for  debate  shall  be  equally  divided 
between  those  in  favor  and  those  opposed  to  the  subject-matter 
under  consideration.  All  questions  or  motions  authorized  by  this 


,128  JOUKNAL  OF  THE 

rule  shall  be  decided  at  once  without  delay  or  debate  except  as 
herein  expressly  allowed. 

Mr.  Mul queen  moved  to  strike  out  all  after  and  includ- 
ing the  word  "provided"  and  insert  in  lieu  thereof  "That 
the  Convention  shall  fix.  time  limited  for  debate.  That 
whenever  a  standing  committee  shall  make  a  report  on  a  con- 
stitutional amendment  or  order  subject,  shall,  by  resolution,  fix 
the  time  for  debate  on  the  subject-matter  referred  to  in  said 
report." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mulqueen, 
and  it  was  determined  in  the  negative. 

Mr.  Koche  moved  to  strike  out  the  words  "twenty-four"  and 
insert  in  lieu  thereof  the  word  "  fifteen." 

Mr.  Root  moved  the  previous  question  on  Mr.  Roche's 
amendment 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  Mr.  Roche's 
amendment,  and  it  was  determined  in  the  negative. 

Mr.  Roche  moved  to  amend  as  follows:  After  the  word 
"therein,"  on  line  6,  insert  "provided  that  when  a  matter  has 
been  considerd  in  committee  of  the  whole  one  day,  the  Conven- 
tion may  direct  that  the  Committee  on  Rules  shall  report  a  rule 
limiting  the  time  of  debate." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche, 
and  it  was  determined  in  the  negative. 

Mr.  Roche  moved  to  amend  as  follows:  After  the  words  " Com-, 
mittee  on  Rules,"  on  line  8,  insert  the  words  "by  a  vote  of  not 
less  than  six  of  its  members." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche, 
and  it  was  determined  in  the  negative. 

Mr.  Roche  moved  to  amend  as  follows:  After  the  word  "con- 
sideration," at  the  end  of  line  16,  insert  "  and  shall  not  be  less 
than  six  hours,  nor  shall  any  question  relating  to  suffrage,  appor- 
tionment, judiciary,  airoropriations  or  corporations  be  limited  to 
one  legislative  day,  if  ten  members  shall  demand  that  such  ques- 
tion shall  stand  over  to  the  next  dav." 


CONSTITUTIONAL  CONVENTION.  129 


Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche, 
and  it  was  determined  in  the  negative. 

Mr.  Blake  moved  to  strike  out  the  words  "notice  and." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Blake,  and 
it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  substitute  for  Rule  56 
offered  by  Mr.  Alvord,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  56,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Rules  26  and  27  were  read,  and,  no  debate  arising,  Mr.  Presi- 
dent declared  said  rules  adopted. 

Rules  57,  58,  59,  60  were  then  read,  and,  no  debate  arising,  Mr. 
President  declared  said  rules  adopted. 

Rule  61  was  read. 

Mr.  Bush  moved  to  amend  by  inserting  after  the  word  "quorum" 
the  words  "  On  the  final  passage  of  any  proposed  amendment  to 
the  Constitution  the  affirmative  votes  of  a  majority  of  all  the 
delegates  elected  to  the  Convention  shall  be  necessary." 

On  motion  of  Mr.  Hirschberg,  and  by  unanimous  consent,  said 
motion  was  referred  to  the  Committee  on  Rules,  to  report  on 
Wednesday  next. 

Rule  62  was  read,  and,  no  debate  arising,  Mr.  President  declared 
said  rule  adopted. 

Rule  63  was  read. 

Mr.  Riggs  moved  to  amend  as  follows:  Insert  after  the  word 
"  contempt "  the  following :  "And  member  or  members  so  offend- 
ing shall  be  cited  before  the  Committee  on  Privileges  and  Elec- 
tions, which,  after  inquiry,  shall  report  to  the  Convention  for  such 
action  as  the  facts  shall  seem  to  warrant." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  McClure  moved  to  amend  as  follows:    After  the  word  "Con- 
vention," first  occurring,  insert  the  words  "the  measure  upon 
which  less  than  a  quorum  voted  shall  be  deemed  to  be  lost." 
9 


130  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  63,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Rules  64,  65,  66,  67,  68,  69,  70  were  read,  and,  no  debate  arising, 
Mr.  President  declared  said  rules  adopted. 

Rule  71  was  read. 

Mr.  McMillan  moved  to  amend  by  striking  out  "  five  "  and  insert 


Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  71,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Mr.  Becker  offered  the  following: 
Add  as  rule  72: 

Rule  72.  The  officers  of  the  Convention  appointed  by  the 
President  shall  perform  such  duties  as  he  may  prescribe,  and 
for  any  breach  of  duty  any  such  officer  may  be  removed  and  his 
successor  appointed  by  the  President.  The  officers  of  the  Con- 
vention appointed  by  the  Secretary  shall  perform  such  duties  as 
he  may  prescribe,  and  for  any  breach  of  duly  any  such  officer  in  ay 
be  removed  and  his  successor  be  appointed  by  the  Secretary. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Becker, 
and  it  was  determined  in  the  affirmative. 

Mr.  Cookinham  moved  that  the  Convention  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

And  at  1.57  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION.  131 

Friday,  June   1,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  A.  K.  Duff. 

The  Journal  of  Thursday,  May  thirty-first,  was  read  and  approved. 

Mr.  Moore  presented  the  petition  of  the  Woman's  Christian 
Temperance  Union  of  Clinton  county  against  the  traffic  in  intoxi- 
cating liquors,  which  was  referred  to  the  Committee  on  Legisla- 
ture, its  Powers  and  Duties. 

Mr.  Me  Arthur  presented  the  petition  of  the  Woman's  Christian 
Temperance  Union  of  Warren  county  on  the  same  subject. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

Mr.  Moore  presented  the-  petition  of  the  Woman's  Christian 
Temperance  Union  of  Clinton  county  asking  that  women  be 
allowed  to  vote  on  equal  terms  with  men. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Whitmyer  presented  the  petition  of  2,296  citizens  of 
Richmond  asking  that  the  word  "male"  be  stricken  from  the 
Constitution. 

Referred  to  the  Committee  on  Suffrage* 

Mr.  Davenport  presented  the  petition  of  752  citizens  of  Dela- 
ware county  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  T.  W.  Fitzgerald  presented  the  petition  of  2,036  citizens  of 
Schenectady  county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.   Countryman  presented  the  petition  of  5,681  citizens  of 
Albany  county  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Root  presented  the  protest  of  many  thousand  women  of 
New  York  city  against  striking  the  word  "  male  "  from  the  Con- 
stitution. 

Referred  to  the  Committee  on  Suffrage. 


132  JOURNAL  OF  THE 

Mr.  Hill  offered  a  resolution  in  words  following: 

Resolved,  That  the  Committee  on  Contingent  Expenses  be 
requested  to  take  into  consideration,  and  report,  upon  the  ques- 
tion of  compensation  of  the  stenographer  of  the  Convention  for 
his  attendance  and  the  taking  of  stenographic  notes  of  debates 
and  proceedings  of  the  Convention,  and  for  the  performance  of 
such  other  duties  as  are  prescribed  by  the  rules  of  this  Con- 
vention. 

Referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Becker  called  up  the  resolution  presented  by  him  yesterday 
in  words  following: 

Resolved,  That  the  Committee  on  Rules  ascertain  and  report 
on  the  first  legislative  day  of  next  week,  the  propriety  of  fur- 
nishing a  daily  report  of  the  proceedings  of  this  Convention  to 
each  ot  th^  newspapers  published  in  this  State  and  the  esti- 
mated expense  thereof, 

By  unanimous  consent,  Mr.  Becker  amended  said  resolution  as 
follows:  Striking  out  the  word  "Rules"  and  inserting  in  lieu 
thereof  the  word  "Printing." 

Mr.  Roche  moved  to  amend  as  follows,  by  adding  thereto 
"and  that  the  committee  also  report  as  to  the  cost  of  printing 
and  binding  500  copies  of  the  debates  of  the  Convention  to  be 
distributed  in  the  manner  and  to  the  persons  named  in  Rule  71." 

Mr.  Becker  accepted  the  amendment. 

Mr.  Hamlin  moved  to  strike  out  the  word  "  first "  and  insert 
in  lieu  thereof  the  word  "  second." 

Mr.  Becker  accepted  the  amendment. 

Mr.  President  put  the  question  on  the  adoption  of  the  resolu- 
tion of  Mr.  Becker,  as  amended,  and  it  was  determined  in  the 
affirmative. 

Mr.  McLaughlin  moved  that  the  Committee  on  County,  Town 
and  Village  Officers  be  discharged  from  the  further  considera- 
tion of  the  proposed  amendment  to  the  Constitution  (No.  49), 
entitled  "Proposed  constitutional  amendment  to  amend  article 
3  of  the  Constitution,  relating  to  public  officers,"  and  that 
the  same  be  referred  to  the  Committee  on  Legislature,  its  Powers 
and  Duties. 


CONSTITUTIONAL  CONVENTION.  133 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Lyon,  from  the  Committee  on  Contingent  Expenses,  reported 
as  follows: 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  communication  of  Mr.  J.  S.  Saunders,  postmaster  of  the  Con- 
vention regarding  the  appointment  of  an  assistant  postmaster, 
would  respectfully  report : 

That  the  acts  providing  for  a  Convention  to  revise  and  amond 
the  Constitution,  provide  for  the  appointment  of  a  postmaster, 
but  contain  no  provision  authorizing  the  appointment  of  a  separate 
official  to  be  known  as  an  assistant  postmaster. 

The  committee,  after  investigation,  believes  that  any  needed 
assistance  in  the  post-office  department  can  be  obtained  from 
among  the  ten  messengers  in  the  service  of  the  Convention,  as 
is  at  present  being  done,  and  still  leave  the  messenger  service 
at  least  amply  sufficient  for  all  the  needs  of  the  Convention. 

Under  Rule  72  the  President  of  the  Convention  has  the  power 
to  detail  one  or  more'  messengers  to  render  any  such  assistance  as 
may  be  necessary. 

The  committee,  therefore,  reports -adversely  upon  the  applica- 
tion for  the  appointment  of  an  assistant  postmaster. 

GEORGE   F.   LYON, 
Chairman. 

Mr.  President  put  the  question  on  the  adoption  of  said  report 
of  the  Committee  on  Contingent  Expenses,  and  it  was  determined 
in  the  affirmative. 

Also,  the  following: 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  resolution  directing  the  Secretary  of  this  Convention  to  have 
notices  of  committee  meetings  posted  upon  a  bulletin  board,  and 
to  have  some  person  in  charge  thereof  to  give  necessary  informa- 
tion in  regard  thereto  as  is  desired  by  members  and  others,  at  an 
expense  of  $300  for  the  session,  would  report: 

That  the  acts  creating  the  Convention  do  not  seem  to  con- 
template the  employment  of  a  separate  person  to  render  the 
service  mentioned; 

That  if,  in  the  opinion  of  the  Convention,  it  is  desirable  that 
notices  of  committee  meetings  be  bulletined  in  addition  to  being 


134  JOURNAL  OF  THE 

read  from  the  Secretary's  desk,  the  President,  under  authority 
given  him  by  Rule  72,  may  direct  the  janitor  or  assistant  janitor, 
or  one  of  the  messengers  or  o.ther  employes  of  the  Conven- 
tion to  post  the  notices,  so  prepared  by  the  Secretary,  without 
additional  charge. 

The  committee,  therefore,  reports  adversely  upon  the  resolu- 
tion for  the  employment  of  an  additional  person  to  post  notices 
and  give  information  at  an  additional  expense  to  the  Convention 
of  $300,  and  recommends  that  the  President  of  the  Convention 
designate  an  employe  or  permit  some  other  person  to  perform 
such  service,  if  desirable,  but  without  any  charge  whatever  for 
the  services  so  performed. 

GEORGE   F.   LYON. 
Chairman. 

Mr.  President  put  the  que&tion  on  the  adoption  of  said  report 
of  the  Committee  on  Contingent  Expenses,  and  it  was  determined 
in  the  affirmative. 

Mr.  Hirschberg  offered  a  resolution  in  words  following: 

Resolved,  That  the  Committee  on  Printing  be  directed  to  cause 
live  hundred  (500)  copies  of  the  arguments  of  the  respective 
counsel  in  the  contests  in  the  thirtieth  district,  made  before  the 
Committee  on  Privileges  and  Elections,  to  be  printed  for  the  use 
of  the  Convention  instead  of  the  evidence. 

Mr.  Hirschberg  then  moved  that  the  consideration  of  said  resolu- 
tion be  postponed  until  next  Tuesday. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

133.—  Mr.  E.  R.  Brown. 

Presented  a  proposed  amendment  to  article  1,  section  7  of  the 
Constitution,  relative  to  the  right  to  take  private  property  for 
the  drainage  of  low  lands  which  was  referred  to  the  Committee 
on  Preamble. 

134.— By  Mr.  Abbott: 

Proposing  amendment  to  article  4  of  the  Constitution,  by 
adding  a  section  thereto  creating  a  Council  of  Revision  of  Leg- 
islative Bills. 

Referred  to  the  Committee  on  Governor  and  other  State  Offi- 
cers, also,  Legislature,  its  Powers  and  Duties. 


CONSTITUTIONAL  CONVENTION.  135 

135. — Also,  proposing  amendment  to  article  4,  section  5  of  the 
Constitution,  relative  to  the  pardoning  power  of  the  Governor. 

Referred  to  the  Committee  on  Governor  and  other  State 
Officers. 

136.— By  Mr.  Mclntyre: 

Proposing  amendment  to  article  8,  section  7  of  the  Constitu- 
tion, relating  to  the  liability  of  stockholders  and  directors  of 
corporations. 

Referred  to  the  Committee  on  Corporations. 

137.— By  Mr.  Kellogg: 

Proposing  amendment  to  article  6  of  the  Constitution,  relating 
to  the  power  of  justices  of  the  Supreme  Court  in  certain  cases. 
Referred  to  the  Committee  on  Judiciary. 

138.— By  Mr.  W.  H.  Nichols: 

Proposing  amendment  to  article  2,  section  3  of  the  Constitu- 
tion, relating  to  the  right  to  vote  of  persons  in  the  military  and 
naval  service  of  the  United  States. 

Referred  to  the  Committee  on  Suffrage. 

139.— -By  Mr.  Turner: 

Proposing  amendment  to  the  Constitution,  relating  to  home 
rule  for  cities. 

Referred  to  the  Committee  on  Cities. 

140.— By  Mr.  Porter: 

Proposing  amendment  to  article  2  of  the  Constitution,  by  add- 
ing a  section  requiring  that  coroners  and  deputy  coroners  be 
regular  graduates  of  medicine. 

Referred  to  the  Committee  on  County,  Town  and  Milage 
Officers.  M 

Mr.  Hamlin,  from  the  Committee  on  Printing,  reported  relative 
to  the  printing  of  the  Convention. 

Tabled  and  ordered  printed. 

Mr.  Root,  from  the  Committee  on  Judiciary,  reported  as  follows: 


136  JOURNAL  OF  THE 

REPORT  OF  THE  COMMITTEE  ON  JUDICIARY. 

To  the  Convention  : 

The  Committee  on  Judiciary  return  herewith  the  writ  of  pro- 
hibition issued  out  of  the  Supreme  Court  commanding  the  Con- 
vention "to  desist  and  refrain  from  any  further  proceedings  in 
the  matter  of  proving,  examining,  investigating,  deciding  or  judg- 
ing upon  the  qualification  or  election  of  Herman  F.  Trapper,  or 
abridging  or  intermeddling  with  the  rights  or  privileges  of  said 
Herman  F.  Trapper  as  a  member  of  said  Convention  or  as  a  dele- 
gate of  said  Convention"  and  reports  thereon  : 

The  Convention  has  been  created  by  the  direct  action  of  the 
People  and  has  been  by  them  vested  with  the  power  and  charged 
with  the  duty  to  revise  and  amend  the  organic  law  of  the  State. 

The  function  with  which  it  is  thus  charged  is  a  part  of  the 
highest  and  most  solemn  act  of  popular  sovereignty  and  in  its 
performance  the  Convention  has  and  can  have  no  superior  but  the 
People  themselves. 

No  court  or  legislative  or  executive  officer  has  authority  to 
interfere  with  the  exercise  of  the  powers  or  the  performance  of 
the  duties  which  the  People  have  enjoined  upon  this,  their 
immediate  agent 

The  Convention  has  been  expressly  authorized  by  the  existing 
Constitution  and  the  vote  of  the  People  to  revise  and  amend  the 
Constitution.  It  has  also,  by  necessary  implication,  been  endowed 
by  the  same  Constitution  and  vote,  with  all  the  powers  essential 
to  the  exercise  of  the  powers  expressly  conferred. 

Among  the  powers  so  conferred  by  necessary  implication,  are 
some  of  a  judicial  nature  affecting  the  organization  and  existence 
of  the  Convention  itself.  Among  these  are  the  power  to  dis- 
cipline its  members,  to  repress  disorder,  to  try,  condemn  and 
punish  persons  who  disobey  its  process,  and  to  judge  of  the  quali- 
fications and  elections  of  its  members. 

These  powers  are  not  included  among  those  conferred  upon  the 
judiciary  in  the  general  distribution  of  powers  to  the  three  great 
department*!,  for  the  purposes  of  the  ordinary  government  of  the 
State  under  the  Constitution. 

They  are  deemed  to  be  inherent  in  the  legislative  bodies  which 
emanate  directly  from  the  People,  because  necessary  to  their 
independence  and  effective  action.  They  are  conferred  upon  every 


CONSTITUTIONAL  CONVENTION.  137 

such  body  by  the  simple  act  of  its  creation  and  without  the 
necessity  of  an  express  grant. 

'  This  was  the  common  law  of  England  and  of  the  Colony  of 
New  York  on  the  19th  of  April,  1775.  It  has  always  been  the 
law  of  this  State  and  universally  throughout  the  United  States^ 

A  Constitutional  Convention  is  a  legislative  body  of  the  highest 
order.  It  proceeds  by  legislative  methods.  Its  acts  are  legis- 
lative acts.  Its  function  is  not  to  execute  or  interpret  laws,  but 
to  make  them.  That  the  consent  of  the  general  body  of  electors 
may  be  necessary  to  give  effect  to  the  ordinances  of  the  Conven- 
tion, no  more  changes  their  legislative  character,  than  the  require- 
ment of  the  Governor's  consent,  changes  the  nature  of  the  action 
of  the  Senate  and  Assembly. 

It  is  far  more  important  that  a  Constitutional  Convention 
should  possess  these  safeguards  of  its  independence  than  it 
is  for  an  ordinary  Legislature ;  because  the  Convention's  acts  are 
of  a  more  momentous  and  lasting  consequence  and  because  it  has 
to  pass  upon  the  power,  emoluments  and  the  very  existence  of 
the  judicial  and  legislative  officers  who  might  otherwise  inter- 
fere with  it.  The  Convention  furnishes  the  only  way  by  which 
the  people  can  exercise  their  will,  in  respect  of  these  officers,  and 
their  control  over  the  Convention  would  be  wholly  incompatible 
with  the  free  exercise  of  that  will. 

That  the  Constitutional  Conventions  of  this  State  do  possess 
among  these  inherent  powers  the  power  to  judge  of  the  quali- 
firn lions  and  elections,  of  their  members,  has  been  expressly 
declared  by  high  judicial  authority  and  by  the  Legislatures  of 
1866,  1893  and  1894.  It  is  in  accordance  with  all  approved  text 
writers,  and  with  the  general  usage  of  other  States.  We  know  of 
no  authority  whatever  to  the  contrary.  It  is  a  necessary  con- 
clusion from  the  imderlying  principles  upon  which  our  govern- 
ment rests.  '  I  ;!  K-i 

Our  conclusion  is, 

That  the  people  of  this  State  have  conferred  upon  the  Con- 
vention the  exclusive  authority  and  have  charged  upon  it  the 
duty,  to  judge  of  the  qualification  and  election  of  Herman  F. 
Trapper. 

That  the  members  of  the  Convention,  by  accepting  the  office, 
and  by  their  oaths  of  office,  have  bound  themselves  to  perform 
the  duty,  of  passing  upon  the  election  of  Mr.  Trapper;  and  no 


138  JOURNAL  OF  THE 

other  course  is  open  to  them,  but  to  proceed  with  the  perform- 
ance thereof. 

We  report  herewith,  for  the  information  of  the  Convention, 
a  full  statement  of  the  law  prepared  by  a  sub-committee, ,  and 
adopted  by  this  committee. 

Believing  that  the  writ  of  prohibition  heretofore  issued  ex 
parte,  is  the  result  of  a  misapprehension,  we  recommend  that 
the  views  of  the  Convention,  as  embodied  in  the  foregoing  report, 
be  transmitted  by  the  Secretary  of  the  Convention,  to  the 
Supreme  Court,  with  a  respectful  remonstrance  against  its  enter- 
taining jurisdiction. 

ELIHU  BOOT, 

Chairman. 

REPORT     OF     THE     SUB-COMMITTEE     ADOPTED     AND 

REPORTED  BY  THE  JUDICIARY  COMMITTEE. 

\ 
To  the  Committee  on  Judiciary  : 

A  question  of  high  privilege  is  presented  for  the  consideration 
of  the  Convention.  Herman  F.  Trapper,  who  claims  to  be  a  duly 
elected  member  of  this  Convention,  has  applied  to  the  Supreme 
Court,  for  a  writ  of  prohibition  whereby  he  seeks  to  restrain  this 
body  from  taking  any  further  action  touching  his  rights  to  a  seat 
in  the  Convention,  and  to  require  it  "to  refrain  from  any  acts  inter- 
fering with  or  in  any  manner  abridging  the  rights  of  the  peti- 
tioner as  a  member  of  the  said  Convention,  so  long  as  the  peti- 
tioner shall  comply  with  the  rules  and  regulations  adopted  for 
the  government  of  the  said  Convention."  He  denies  the  jurisdic- 
tion of  this  body  to  determine  the  contest,  which  is  now  pending, 
with  respect  to  his  right  to  a  seat  in  the  Convention,  on  the 
ground  that  such  determination  involves  a  judicial  act,  and  that 
the  Supreme  Court  alone  possesses  the  jurisdiction  to  decide  all 
controversies  relative  to  the  elections,  returns  and  qualifications 
of  members  of  the  Constitutional  Convention. 

The  remedy  to  which  resort  has  been  taken  to  restrain  the 
Convention  from  its  contemplated  action  is  a  writ  of  prohibition, 
issued  out  of  the  Supreme  Court.  The  issuance  of  this  writ 
involves  the  assertion  by  the  tribunal  whence  it  emanates,  that 
the  body  to  whom  it  is  directed  is  an  inferior  tribunal,  usurping 


CONSTITUTIONAL  CONVENTION.  139 

powers  which  it  does  not  possess,  aud  encroaching  upon  a  juris- 
diction beyond  its  purview. 

Quimbo  Appo  v.  People,  20  N.  Y.,  531. 

Thompson  v.  Tracy,  60  N.  Y.,  31. 

The  logical  conclusion  from  this  definition  must  be,  that 
in  order  to  warrant  judicial  interference  in  the  pending 
juncture,  it  must  be  determined,  first,  that  the  Constitutional 
Convention  is  inferior  to  the  Supreme  Court,  and,  secondly,  that 
it  has  no  jurisdiction  to  pass  upon  the  qualifications  and  elec- 
tions of  its  members. 

We  proceed  to  the  consideration  of  these  questions.  Prior  to 
the  adoption  of  the  Constitution  of  1846,  the  organic  law  of  this 
State  contained  no  provision  for  a  Constitutional  Convention, 
although  such  conventions  were  ordered  by  the  people  pursuant 
to  recommendations  of  the  Legislature  and  held  in  1801,  1821, 
and  1846. 

Article  13,  section  2,  of  the  present  Constitution  provides  : 

"  At  the  general  election  to  be  held  in  the  year  1866  and  in  each 
twentieth  year  thereafter,  and  also  at  such  time  as  the  Legisla- 
ture may  by  law  provide,  the  question,  "  Shall  there  be  a 
Convention  to  revise  the  Constitution  and  amend  the  same?" 
shall  be  decided  by  the  electors  qualified  to  vote  for  members 
of  the  Legislature,  and  in  case  a  majority  of  the  electors  so 
qualified,  voting  at  such  election  shall  decide  in  favor  of  a  con- 
vention for  such  purpose,  the  Legislature,  at  its  next  session, 
shall  provide  by  law  for  the  election  of  delegates  to  such 
Convention." 

The  Constitutional  Convention  is  thus  one  of  the  recognized 
elements  of  our  constitutional  government.  Whenever  the 
People  shall  determine  that  such  a  Convention  is  to  be  held 
the  duty  is  devolved  upon  the  Legislature  to  provide  by  law 
for  the  election  of  delegates  to  the  Convention.  The  voice  of 
the  People  calls  the  Convention  into  being.  Their  mandate  is 
the  warrant  by  which  the  Convention  acts.  The  power  of  the 
People  to  revise  and  amend  their  Constitution  is  exercised  by 
them  in  a  Convention  created  by  their  fiat,  through  the  delegates 
elected  byvthem. 

Under  the  present  Constitution  changes  in  the  organic  law 
can  be  originated  in  but  one  of  two  methods.  Either  by  means 


140  JOURNAL  OF  THE 

of  a  Constitutional  Convention  called  into  existence  by  the 
People,  or  by  the  action  of  the  majority  of  the  members  elected 
to  a  Senate  and  Assembly,  subsequently  referred  to,  another 
Legislature  to  be  chosen  at  the  next  general  election  of  Senators, 
and  agreed  to  by  a  majority  of  all  the  members  elected  to  each 
house.  Should  two  Senates  and  two  Assemblies  fail  to  concur 
in  any  proposed  amendment  to  the  Constitution,  no  change  can 
be  wrought  except  in  the  manner  provided  by  article  13,  sec- 
tion 2. 

It  is  of  the  greatest  importance  that  a  body  chosen  by  the 
People  of  this  State  to  revise  the  organic  law  of  the  State, 
should  be  as  free  from  interference  from  the  several  depart- 
ments of  government  as  the  legislative,  executive  and  judiciary 
are,  from  interference  by  each  other.  Unless  this  were  so,  the 
will  of  the  people  might  easily  be  nullified  by  the  existing 
judiciary  or  Legislature. 

Should  the  latter  attempt  to  enact  a  law  prohibiting  the 
Constitutional  Convention  from  restricting  the  existing  powers 
of  the  Legislature,  the  act  would  be  at  once  recognized  as  an 
unwarranted  invasion  of  the  rights  of  the  People.  How  does 
the  action  of  a  court  which  seeks  to  restrain  the  Convention 
in  the  transaction  of  its  business  differ  from  the  case  supposed? 
It  might  happen,  as  it  has  frequently  occurred,  in  other  public 
assemblies,  that  the  members  elected  to  a  Constitutional  Con- 
vention were  so  narrowly  divided  in  sentiment,  that  upon  a 
single  vote  might  depend  the  passage  or  defeat  of  a  measure 
abolishing  an  existing  court.  If  a  writ  of  prohibition  could 
tie  the  hands  of  the  Convention,  a  judge  of  some  court  whose 
existence  was  at  stake,  might  perpetuate  his  tribunal  by  the  allow- 
ance of  a  writ  identical  with  that  which  has  been  served  upon 
this  Convention.  To  sustain  such  a  contention  would  amount 
to  a  nullification  of  the  wiU  of  the  People;  would  perpetuate  an 
institution  against  the  express  wishes  of  the  sovereign. 

There  is  high  authority  in  support  of  the  proposition  that  a 
Constitutional  Convention,  is  in  effect  a  gathering  of  the  People 
in  their  sovereign  capacity.  Such  was  the  declaration  of  Mr. 
Livingston,  in  the  New  York  Convention  of  1821.  He  said: 
"The  people  are  here  themselves.  They  are  present  by  their 
delegates.  No  restriction  limits  our  proceedings.  We  are 
standing  upon  the  foundations  of  society."  In  1836  George  M. 
Dallas,  of  Pennsylvania,  declared  a  Constitutional  Convention 


CONSTITUTIONAL  CONVENTION.  141 

to  be:  "The  provided  machinery  of  peaceful  revolution."  He 
said,  "It  is  the  civilized  substitute  for  intestine  war.  When 
ours  shall  assemble  it  will  possess  within  the  territory  of  Penn- 
sylvania every  attribute  of  absolute  sovereignty,  except  such 
as  may  have  been  yielded  and  are  embodied  in  the  Constitution 
of  the  United  States.  What  may  it  not  do?  It  may  reorganize 
our  entire  system  of  social  existence,  terminating  and  proscrib- 
ing what  is  deemed  injurious,  and  establishing  what  is 
preferred." 

In  the  Illinois  Convention  of  1847,  Mr.  Peters  said,  "  We  are 
the  sovereignty  of  the  State.  We  are  what  the  people  of  the 
State  would  be  if  they  were  congregated  here  in  one  mass 
meeting.  We  are  what  Louis  XIV  said  he  was,  "We  are  the 
State." 

The  Constitutional  Convention,  held  in  Pennsylvania  in  1872, 
was  created  by  an  act  of  the  Legislature  of  that  State,  and 
did  not  derive  authority  in  any  manner  from  the  Constitution. 
The  statute  provided  a  method  for  the  submission  of  the  work 
of  the  Convention  to  the  People.  The  Convention  adopted  an 
entirely  different  method,  which  was  declared  illegal  by  the 
Supreme  Court  of  Pennsylvania,  in  Wells  v.  Bain  (75  Pa.  St., 
39);  Woods  Appeal  (75  Pa.  St.,  59);  upon  grounds  not  applicable 
to  a  Convention  ordered  as  this  Convention  is,  by  the  People 
under  authority  of  the  Constitution.  The  action  of  the  courts 
was,  nevertheless,  considered  a  breach  of  the  prerogatives  of  the 
Convention  and  by  the  almost  unanimous  vote  of  the  Convention, 
the  report  of  a  committee  consisting  of  some  of  the  ablest 
lawyers  in  the  State  was  adopted,  the  material  portions  of  which 
were  as  follows: 

"A  proceeding  to  which  the  Convention  was  a  party,  has,  in 
effect,  and  result,  brought  into  controversy  some  of  the  funda- 
mental principles  of  constitutional  government.  The  opinion 
that  has  been  pronounced  in  this  proceeding  contains  doctrines, 
which,  in  our  judgment,  ought  not  to  be  left  unchallenged.  We 
believe  them  to  be  subversive  of  some  of  the  absolute  rights  of  the 
People.  We,  therefore,  submit  for  the  action  of  the  Convention, 
the  following  resolutions: 

"  1.  Resolvedj  That  this  Convention  was  called  by  authority  of 
the  People,  as  determined  by  their  vote  under  the  act  of  1871, 
declaring  that  a  Convention  should  be  called  to  amend  the  Con- 


142  JOURNAL  OF  THE 

stitution  of  this  Commonwealth ;  arid  that  this  vote  was  a  mandate 
to  the  Legislature,  which  that  body  was  not  at  liberty  to  disobey 
or  modify. 

"2.  Resolved,  That  the  Constitution  of  the  State  is  the  only 
recognized  form  of  its  government,  and  the  People  having  expressly 
reserved  to  themselves  the  right  to  alter,  reform  or  abolish  their 
government  in  such  manner  as  they  think  proper,  and  declared 
that  such  right  shall  forever  remain  inviolate,  this  Convention 
deems  it  to  be  its  duty  to  declare  that  it  is  not  in  the  power  of  any 
department  of  an  existing  government  to  limit  or  control  the 
powers  of  a  Constitutional  Convention  called  by  the  People  to 
reform  their  Constitution;  and  that  the  Convention,  subject  to 
the  Constitution  of  the  United  States  is  answerable  only  to  the 
People  from  whom  it  derived  its  power." 

Jamieson  in  his  work  on  Constitutional  Conventions,  which  was 
written  with  the  express  purpose  of  refuting  the  claims  of  those 
who  asserted  the  identity  of  the  Convention  and  the  People  admits 
that  in  the  United  States  the  Constitutional  Convention  belongs 
to  the  legislative  class  of  assemblies.    He  says  at  section  420, 
"By  this  is  meant  that  its  proper  function  is  to  elaborate  to  a 
certain  extent  to  be  determined  by  the  tenor  of  its  commission, 
the  fundamental  law,  much  as  the  Legislature  enacts  the  ordinary 
municipal  law.       Of  these  two  species  of  law,  the  distinction 
between  which  has  been  already  explained,  it  is  the  most  import- 
ant thing  to  note,  that  the  one  denominated  fundamental  law  is, 
generally  speaking,  the  work  only  of  a  Convention,  a  special  and 
extraordinary  assembly,  convening  at  no  regularly  recurring  per- 
iods, but  whenever  the  harvest  of  constitutional  reforms  has 
become  ripe,  while,  on  the  other  hand,  the  ordinary  statute  law, 
whose  provisions  are  tentatory  and  transient,  is,  regularly  at 
least,  the  work  of  a  Legislature,  a  body  meeting    periodically 
at  short  intervals  of  time.     It  is  thoroughly  settled  that,  under 
our  Constitutions,  State  and  Federal,  a  Legislature  cannot  exer- 
cise the  functions  of  a  Convention— cannot  in  other  words,  take 
upon  itself  the  duty  of  framing,  amending,  or  suspending  the 
operation  of  the  fundamental  law.     Being  the  supreme  law  of 
the  land,  all  departments  of  the  government  are  subject  to  its 
control,  for  from  and  under  it  they  derive  both  their  commissions 
and  their  existence;  and  to  permit  either  of  them  to  modify  it 
would  be  to  invert  the  relations  of  dependence  on  which  the 


CONSTITUTIONAL  CONVENTION.  143 

safety  of  the  whole  system  depends.  This  has  never  been  doubted 
since  the  early  days  of  the  republic." 

In  Goodrich  v.  Moore  (2  Minn.,  61),  the  Supreme  Court  of 
that  State  declared  that  a  Constitutional  Convention  is  the 
highest  legislative  assembly  recognized  in  law,  invested  with 
the  power  of  enacting  or  framing  the  supreme  law  of  the  State. 
It  has  full  control  of  all  its  proceedings,  and  may  provide  in 
such  manner  as  it  sees  fit,  to  perpetuate  its  records;  and, 
although  the  Convention  may  have  been  called  together  by 
legislative  authority,  that  body  has  no  right  to  select  officers 
for  the  Convention  or  otherwise  control  the  transaction  of  its 
legitimate  business.  Mr.  Justice  Atwater,  speaking  for  the 
court,  said :  "  The  admission  of  such  a  right  in  the  Legislature 
would  place  the  Convention  under  its  entire  control.  *  *  * 
It  would  have  less  power  than  a  town  meeting,  and  be  incom- 
petent to  perform  the  objects  for  which  it  convened.  It  would 
be  absurd  to  suppose  a  Constitutional  Convention  had  only 
such  limited  authority.  *  *  *  It  must  have  plenary  power 
for  this  and  all  the  incidents  thereof.  The  fact  that  the  Con- 
vention assembled  by  the  authority  of  the  Legislature  renders 
it  in  no  respect  inferior  thereto,  as  it  may  well  be  claimed 
whether,  had  the  Legislature  refused  to  make  provision  for 
calling  a  Convention,  the  people  in  their  sovereign  capacity 
would  not  have  had  the  right  to  have  taken  such  measures  for 
confirming  and  adopting  the  Constitution  as  to  them  seemed 
meet." 

In  Loomis  v.  Jackson  (6  W.  Va.,  708),  the  court  reached  the 
following  conclusions  upon  a  similar  question:  "First,  that  a 
Constitutional  Convention  lawfully  convened  does  not  derive  its 
power  from  the  Legislature  but  from  the  people.  Second,  that 
the  powers  of  a  Constitutional  Convention  are  in  their  nature 
sovereign  powers.  Third,  that  the  Legislature  can  neither  limit 
nor  restrict  them  in  the  exercise  of  these  powers." 

Treating  the  Constitutional  Convention  then,  as  a  legislative 
body,  whose  function  is  the  revision  and  amendment  of  the  Con- 
stitution, the  question  arises  whether,  in  the  absence  of  express 
constitutional  grant,  it  is  precluded  from  adjudging  the  election 
and  qualification  of  its  members. 

From  what  has  been  already  said,  it  is  manifest  that  the  existence 
of  such  a  power  is  essential  to  the  preservation  of  its  efficiency; 
that  the  intervention  of  the  executive,  legislative  or  judicial 


144  JOUBNAL  OF  THE 

departments  of  the  government  in  the  deliberations  of  the  Con- 
vention and  in  the  conduct  of  its  business  would  be  fraught 
with  great  danger,  and  would  tend  to  destroy  that  independence 
which  is  so  essential  to  the  proper  performance  of  the  high 
duties  imposed  upon  it  by  the  People.  The  sessions  of  the  Con- 
vention must  necessarily  be  of  short  duration.  The  public 
welfare  demands  expedition.  The  delay  incident  to  the  trial 
of  an  election  contest  before  a  judicial  tribunal,  conducted  in 
accordance  with  the  usual  forensic  methods,  would  practically 
lead  to  great  public  injury.  It  is,  therefore,  important  that  the 
power  to  render  a  speedy,  final  and  summary  decision,  should 
be  invested  in  the  body  which  is  immediately  concerned  in 
securing  its  own  efficient  action. 

It  can  hardly  be  contended  that  this  body,  which,  by  its  single 
act,  may  perform  the  function  of  originating  changes  in  the  organic 
law,  was  not  intended  by  the  People  to  have  all  the  powers  of 
self-protection  and  independence  deemed  necessary  for  the  Legis- 
lature, which  is  permitted  to  exercise  that  high  prerogative  only 
through  the  concurrence  of  two  successive  senates  and  assem- 
blies. While  it  is  true  that  the  power  of  making  such 
determination  is  by  article  3,  section  10,  of  the  Constitution, 
expressly  conferred  upon  the  Senate  and  Assembly,  and  that 
by  the  Constitution  of  the  United  States  similar  powers  are  also 
vested  in  both  houses  of  Congress;  yet,  it  is  well  settled  that 
such  provisions  are  only  declaratory,  and  that  even  in  the 
absence  of  such  express  authority,  the  inherent  power  to  act 
as  the  judge  of  the  qualifications  and  elections  of  its  members 
exists  in  every  deliberative  assembly,  emanating  directly  from 
the  people,  even  though  it  involves  the  exercise  of  judicial  power. 
An  examination  of  the  authorities  on  the  subject  may  be  useful. 

May,  in  his  work  on  the  "  Law  of  Parliament "  (8th  ed.,  p.  5f>), 
says: 

"Another  important  power  peculiar  to  the  Commons,  is  that 
of  determining  all  matters  touching  the  election  of  their  own 
members.  This  right  has  been  regularly  claimed  and  exercised 
since  the  reign  of  Queen  Elizabeth,  and  probably  in  earlier  times, 
although  such  matters  have  been  ordinarily  determined  in 
Chancery.  Their  exclusive  right  to  determine  the  legality  of  the 
returns  and  the  conduct  of  returning  officers  in  making  them, 


CONSTITUTIONAL  CONVENTION.  145 

was  fully  recognized  in  the  case  of  Barnardiston  v.  Soane,  by  the 
Court  of  Exchequer  Chamber  in  1674  (6  Howell,  St.,  Tr.,  1092),  by 
the  House  of  Lords  in  1689  (ib.,  1119),  and  also  by  the  courts, 
in  the  cases  of  Onslow  in  1680  (2  Vent,  37),  and  of  Prideaux 
v.  Morris  in  1702  (2  Salt.,  502;  1  Lutw.,  82;  7  Mod.,  13)."  t 

Perhaps  the  most  instructive  account  of  the  possession  and 
exercise  of  this  parliamentary  power  is  that  given  by  Hallam, 
who,  while  speaking  of  the  reign  of  Elizabeth,  says,  in  his  Con- 
stitutional History  of  England,  volume  1,  page  273:  "  The  Commons 
asserted  in  this  reign,  perhaps  for  the  first  time,  another  and 
most  important  privilege,  of  determining  all  matters  relative  to 
their  own  elections." 

"Difficulties  of  this  nature,  had,  in  former  times,  been  decided 
in  Chancery,  from  which  the  writ  issued,  and  into  which  the 
return  was  made.  '  Whether  no  cases  of  interference  on  the  part 
of  the  house  had  occurred,  it  is  impossible  to  pronounce,  on 
account  of  the  unsatisfactory  state  of  the  rolls  and  journals  of 
Parliament  under  Edward  IV,  Henry  VII  and  Henry  VIH.  One 
remarkable  entry  may  be  found,  however,  in  the  reign  of  Mary, 
when  a  committee  is  appointed  "to  inquire  if  Alexander  Nowell, 
prebendary  of  Westminster,  may  be  of  the  house,  and  it  is 
declared  by  them  next  day  that  an  Alexander  Nowell,  being 
prebendary  in  Westminster,  and  thereby  having  a  voice  in  the 
Convocation  House,  cannot  be  a  member  of  this  house;  and  so 
agreed  by  the  house  and  the  Queen's  writ  to  be  directed  for 
another  burgess  in  his  place."  (Journals,  I,  Mary,  p.  27).  Nothing 
further  appears  on  the  record  bill. 

In  1586,  the  house  appointed  a  committee  to  examine  the 
state  and  circumstances  of  the  returns  for  the  County  of 
Norfolk.  The  fact  was  that  the  Chancellor  had  issued  a  second 
writ  for  this  county  on  the  ground  of  some  irregularity  in  the 
first  return,  and  a  different  person  had  been  elected.  Some 
notice  having  been  taken  of  this  matter  in  the  Commons,  the 
Speaker  received  orders,  signifying  to  Her  Majestie's  displeasure 
that  the  house  had  been  troubled  with  a  thing  impertinent  for 
them  to  deal  with,  and  only  belonging  to  the  charge  and  office  of 
the  Lord  Chancellor,  whom  she  had  appointed  to  confer  with 
the  judges  about  the  return  for  the  County  of  Norfolk,  and  to  act 

terein  according  to  justice  and  right  The  house,  in  spite  of 
10 


146  JOURNAL  OF  THE 

this  peremptory  inhibition,  proceeded  to  nominate  a  committee 
to  examine  into  and  report  the  circumstances  of  these  returns, 
who  reported  the  whole  case,  with  their  opinion  that  those 
elected  on  the  first  writ  should  take  their  seats;  declaring, 
further,  that  they  understood  the  Chancellor  and  some  of  the 
judges  to  be  of  the  same  opinion,  but  that  they  had  not  thought 
it  proper  to  inquire  of  the  Chancellor  what  he  had  done,  because 
they  thought  it  prejudicial  to  the  privilege  of  the  house  to  have 
the  same  determined  by  others  than  such  as  .were  members 
thereof.  And  though  they  thought  very  reverently  of  the  said 
Lord  Chancellor  and  judges,  and  knew  them  to  be  competent 
judges  in  their  places,  yet  in  this  case  they  took  them  not  for 
judges  in  Parliament  in  this  house,  and  thereupon  required  that 
the  members,  if  it  were  so  thought  good,  might  take  their  oaths 
and  be  allowed  of  by  force  of  the  first  writ,  as  allowed  by  the 
censure  of  the  house,  and  not  as  allowed  of  by  the  said  Lord 
Chancellor  and  judges;  which  was  agreed  unto  by  the  whole 
house.  This  judicial  trial  over  their  elections  was  not  the  last. 
A  committee  was  appointed  in  the  session  of  1589  to  examine  into 
sundry  abuses  of  returns,  among  which  is  enumerated  that  some 
are  returns  for  new  places,  and  several  instances  of  the  house's 
deciding  on  elections  occur  in  subsequent  Parliaments." 

Mr.  Gushing,  in  his  work  on  the  Law  and  Practice  of  Legisla- 
tive Assemblies,  chapter  6,  section  1,  page  146,  says : 

"The  present  Constitution  of  the  House  of  Commons  is,  to  a 
considerable  extent  the  result  of  a  series  of  struggles  between  it. 
on  the  one  hand,  and  the  Sovereign  or  Lords,  or  both  on  the 
other.  One  of  the  earliest  of  these  conflicts  and  one  of  the 
most  interesting,  is  that  which  terminated  in  the  establishment 
of  the  right  of  the  Commons,  to  be  the  exclusive  judges  of  the 
returns,  elections,  and  qualifications,  of  their  own  members.  This 
right,  after  having  been  claimed  and  exercised,  at  one  time  by  the 
King  and  Council,  at  another  by  the  House  of  Lords,  and  again, 
by  the  Lord  Chancellor,  was  declared  by  a  resolution  of  the 
Commons,  in  1624,  and  has  ever  since  been  admitted  to  belong 
exclusively  to  the  house  itself,  as  "its  ancient,  natural,  and 
undoubted  privilege."  (Glanville,  LXXXIII,  60.) 

"This  power  is  so  essential  to  the  free  election  and  inde- 
pendent existence  of  a  legislative  assembly  that  it  may  be 


CONSTITUTIONAL  CONVENTION.  147 

regarded  as  a  necessary  incident  to  every  body  of  that  descrip- 
tion, which  emanates  directly  from  the  people;  it  is  also,  out 
of  abundant  caution,  conferred  upon  or  guaranteed  to  most 
of  the  legislative  assemblies  of  the  United  States,  by  express 
constitutional  provisions." 

Mr.  Justice  Story,  in  his  work  on  the  Constitution,  section 
833,  says:  f 

"It  is  obvious  that  a  power  must  be  lodged  somewhere  to 
judge  of  the  elections,  returns  and  qualifications  of  the  members 
of  each  house  composing  the  Legislature;  for  otherwise  there 
could  be  no  certainty  as  to  who  were  legitimately  chosen  mem 
bers,  and  any  intruder  or  usurper  might  claim  his  seat,  and 
thus  trample  upon  the  rights,  privileges  and  liberties  of  the 
people.  Indeed,  elections  would  come,  under  such  circum- 
stances, a  mere  mockery,  and  legislation  the  exercise  of  sover 
eignty  by  any  self-constituted  body.  The  only  possible  question 
on  such  a  subject  is  as  to  the  body  in  which  such  a  power  shall 
be  lodged.  If  lodged  in  any  other  than  the  legislative  body 
itself,  its  independence,  its  purity,  and  even  its  existence  and 
action  might  be  destroyed  or  put  into  imminent  danger.  No 
other  body  but  itself  can  have  the  same  motive  to  preserve  and 
perpetuate  these  attributes;  no  other  body  can  be  so  perpetually 
watchful  to  guard  its  own  rights  and  privileges  from  infringe- 
ment, to  purify  and  vindicate  its  own  character,  and  to  preserve 
the  rights,  and  to  sustain  the  free  choice  of  its  constituents. 
Accordingly,  the  power  has  always  been  lodged  in  the  legisla- 
tive body  by  the  uniform  practice  of  England  and  America." 

In  volume  1,  page  235,  of  Kent's  Commentaries,  the  author- 
says  : 

"  Each  house  is  made  the  sole  judge  of  the  election  and  return 
and  qualification  of  its  members.  The  same  power  is  vested 
in  the  British  House  of  Commons,  and  in  the  Legislatures  of 
the  several  States,  and  there  is  no  other  body  known  to  the 
Constitution,  to  which  such  a  power  might  be  safely  trusted. 
It  is  requisite  to  preserve  a  pure  and  genuine  reputation,  and 
to  control  the  evils  of . irregular,  corrupt  and  tumultuous  elections; 
and  as  each  house  acts  in  those  cases  in  a  judicial  character, 
its  decisions,  like  the  decisions  of  any  other  court  of  justice 
ought  to  be  regulated  by  known  principles  of  law,  and  strictly 
adhered  to,  for  the  sake  of  uniformity  and  certainty." 


148  JOURNAL  OF  THE 

Judge  Cooley,  in  his  Constitutional  Limitations  (0>th  ed.,  at  p. 
158),  says  : 

"  There  are  certain  matters  which  each  house  determines  for 
itself  and  in  respect  to  which  its  decision  is  conclusive.  It 
chooses  its  own  officers,  except  where,  by  Constitution  or  stat- 
ute other  provision  is  made;  it  determines  its  own  rules  of  pro- 
ceeding; it  decides  upon  the  election  and  qualification  of  its 
own  members.  These  powers  it  is  obviously  proper  should  rest 
with  the  body  immediately  interested,  as  essential  to  enable  it 
to  enter  upon  and  proceed  with  its  legislative  functions  with- 
out liability  to  interruption  and  confusion.  To  determine  ques- 
tions concerning  contested  seats,  the  house  will  exercise  judicial 
powder,  but  generally  in  accordance  with  a  course  of  practice 
which  has  sprung  from  the  precedents  in  similar  cases,  and  no 
other  authority  is  at  liberty  to  interfere." 

The  powers  asserted  by  the  House  of  Commons  were  also 
recognized  in  the  Colonial  Assemblies,  one  of  the  first  cases  being 
that  recorded  in  Smith's  History  of  the  Province  of  New  York, 
page  223,  published  in  1776.  where  the  author  says  : 

"All  these  who  opposed  you  were  disobliged  with  the  Gov- 
ernor; among  those  Mr.  DeLancey  was  the  most  considerable  for 
his  wealth  and  popular  influence.  He  was  very  rigid  in  his 
religious  profession,  one  of  the  first  builders,  and  by  far  the  most 
generous  benefactor  of  the  French  Church,  and,  therefore,  left  it 
with  the  utmost  reluctance.  Mr.  Burnett,  before  this  time,  had 
considered  him  as  his  enemy,  because  he  had  opposed  the  pro- 
hibition of  the  French  trade;  and  this  led  him  into  a  step,  which 
as  it  was  a  personal  indignity,  Mr.  DeLancey  could  never  recollect 
without  resentment.  This  gentleman  was  returned  for  the  city 
of  New  York  in  the  room  of  a  deceased  member,  at  the  meeting  of 
the  Assembly  in  1725.  When  he  offered  himself  for  the  oaths  Mr. 
Burnett  asked  him  how  he  became  a  subject  of  the  Crown?  He 
answered,  that  he  was  denized  in  England,  and  His  Excellency 
dismissed  him,  taking  time  to  consider  the  matter.  Mr.  DeLancey 
then  laid  before  the  house  an  act  of  a  notary  public,  certifying 
that  he  was  named  in  a  petition  of  denization,  granted  in  the 
reign  of  James  the  Second — a  patent  of  the  same  kind,  under  the 
great  seal  of  this  province,  in  1686 — and  two  certificates,  one  of 
his  having  taken  the  oath  of  allegiance  according  to  an  act  passed 
here  in  1683,  and  another  of  Jiis  serving  in  several  former  Assem- 


CONSTITUTIONAL  CONVENTION.  149 

blies.  The  Governor,  in  the  meantime,  consulted  the  chief  justice 
and  transmitted  his  opinion  to  the  house,  who  resolved  in  favor 
of  Mr.  DeLancey. 

"What  Colonel  Morris'  opinion  was,  I  have  not  been  able  to 
discover.  Governor  Burnett's  conduct  was  thought  to  be  uncon- 
stitutional, and  an  invasion  of  the  rights  of  the  Assembly,  who 
claimed  the  exclusive  privilege  of  determining  the  qualifications 
of  their  own  members." 

Vol.  5,  Documents  relating  to  N;  Y.  Colonial 

History,  p.  761. 
Vol.  8,  Documents  relating  to  N.  Y.  Colonial 

History,  pp.  192,  319. 

In  1  Hammond's  Political  History  of  New  York,  62,  the  author 
says  : 

"By  the  Constitution,  article  12,  in  connection  with  article  9, 
the  Senate  are  constituted  judges  of  their  own  members.  The 
Colonial  Assemblies  had  always  exercised  the  right  of  judging 
whether  their  members  were  duly  elected ;  a  right  which  seems  to 
me  inherent  in  all  representative  bodies." 

Some  of  these  authorities  were  cited  with  approval  by  Judge 
Folger,  in  People  ex  rel.  Hatzel  v.  Hall  (80  N.  Y.,  121),  where,  after 
referring  to  the  powers  of  the  House  of  Commons  as  defined  by 
Gushing,  he  says  :  "The  same  author  says  that  the  power  is  so 
essential  to  the  free  election  and  independent  existence  of  a 
legislative  assembly  that  it  may  be  regarded  as  a  necessary  inci- 
dent to  every  body  of  that  description  which  emanates  directly 
from  the  people;  and  that  the  Constitutional  provisions  are  out 
of  abundant  caution." 

In  1846,  while  a  bill  relating  to  the  appointment  of  delegates 
to  the  Convention,  which  had  been  provided  for  in  the  previous 
year,  was  pending  before  the  Legislature,  the  Assembly  referred 
the  proposed  act  to  the  justices  of  the  Supreme  Court,  requesting 
them  to  communicate  forthwith  to  the  house  whether  in  their 
opinion  the  delegates  to  be  chosen  to  the  Convention  should  be 
selected  according  to  the  old  apportionment  or  the  new.  The 
court,  consisting  of  Judges  Bronson,  Beardsley  and  Jewett,  in 
the  course  of  their  opinion,  rendered  in  response  to  the  legislative 
request,  used  the  following  significant  language: 


i 


150  JOURNAL  OF  THE 

"The  Legislature  is  not  supreme.  It  is  only  a  part  of  that  abso- 
lute sovereignty  which  resides  in  the  whole  people.  Like  other 
departments  of  the  government,  it  acts  under  a  delegation  of 
powers,  and  cannot  rightfully  go  beyond  the  limits  which  have 
been  assigned  to  it.  This  delegation  of  powers  has  been  made  by 
the  fundamental  law,  which  no  one  department  of  the  government, 
nor  all  the  departments  united  have  authority  to  change.  That 
can  only  be  done  by  the  people  themselves.  A  power  has  been 
given  to  the  Legislature  to  propose  amendments  to  the  Con- 
stitution, which,  when  approved  and  ratified  by  the  people, 
became  a  part  of  the  fundamental  law.  But  no  power  has  been 
delegated  to  the  Legislature  to  call  a  Convention  to  revise  the 
Constitution.  That  is  a  measure  which  must  come  from,  and  be 
the  act  of,  the  people  themselves.  Neither  the  calling  of  a  Con- 
vention nor  the  Convention  itself  is  a  proceeding  under  the 
Constitution.  It  is  above  and  beyond  the  Constitution;  Instead 
of  acting  under  the  forms  and  within  the  limits  prescribed  by 
that  instrument,  the  very  business  of  a  Convention  is  to  change 
those  forms  and  boundaries  as  the  public  interest  may  seem  to 
require.  A  Convention  is  not  a  government  measure,  but  a 
movement  of  the  people,  having  for  its  object  a  change,  either 
in  whole  or  in  part,  of  the  existing  form  of  government." 

"As  the  whole  people  have  not  only  omitted  to  confer  any 
power  on  the  Legislature  to  call  a  Convention,  but  have  also 
prescribed  another  mode  of  amending  the  organic  law,  we  are 
unable  to  see  that  the  act  of  1845  had  any  obligatory  force  at 
the  time  of  its  enactment.  It  could  operate  by  way  of  advice, 
or  recommendation,  and  not  as  law.  It  amounted  to  nothing 
more  than  a  proposition  or  suggestion  to  the  people  to  decide 
whether  they  would  or  would  not  have  a  Convention.  That  ques- 
tion the  people  have  settled  in  the  affirmative,  and  the  law 
derives  its  obligation  from  that  act  and  not  from  the  power  of 
the  Legislature  to  pass  it." 

"  The  people  have  not  only  decided  in  favor  of  a  Convention, 
but  they  have  determined  that  it  shall  be  held  in  accordance 
with  the  provisions  of  the  act  of  1845.  No  other  proposition 
was  before  them,  and,  of  course,  their  votes  could  have  had 
reference  to  nothing  else.  They  have  decided  on  the  time  and 
manner  of  electing  delegates  and  how  they  shall  be  apportioned 
among  the  several  counties." 


CONSTITUTIONAL  CONVENTION.  151 

"  If  the  act  of  the  last  session  is  not  a  law  of  the  Legislature 
but  a  law  made  by  the  people  themselves,  the  conclusion  is 
obvious  that  the  Legislature  cannot  annul  it,  nor  make  any 
substantial  change  in  its  pro  vision.  If  the  Legislature  can 
alter  the  rule  of  representation,  it  can  repeal  the  law  altogether, 
and  thus  defeat  a  measure  which  has  been  willed  by  a  higher 
power." 

"A  change  in  the  fundamental  law,  when  not  made  in  the 
form  which  the  law  has  prescribed,  must  always  be  a  work  of 
the  utmost  delicacy.  Under  any  other  form  of  government  than 
our  own,  it  could  amount  to  nothing  less  than  a  revolution.  The 
greatest  care  should,  therefore,  be  taken  that  nothing  be  done 
which  can  give  rise  to  doubts  or  difficulties  in  the  choice  of 
delegates,  or  the  harmonious  organization  and  action  of  the 
Convention.  A  controversy  about  the  number  of  delegates  to 
which  any  county  is  entitled  may  lead  to  irregular  and  disor- 
derly proceedings  at  the  election,  and  an  imperfect  expression 
of  the  will  of  the  electors  in  the  choice  of  delegates.  It  may 
embarrass  the  inspectors  of  elections  and  the  canvassers  of 
votes.  It  may  also  tend  to  disorder  in  the  Convention  where 
the  question  must  finally  be  settled,  who  are  and  who  are  not 
members  of  the  bod}7." 

This  language  is  the  more  significant  in  view  of  the  fact  that 
neither  the  act  of  1845  nor  the  act  of  1846  contained  a  provision 
similar  to  that  found  in  the  act  of  1893,  conferring  upon  the 
Convention  the  power  to  adjudge  the  qualifications  and  election 
of  its  members. 

That  a  body  of  this  character  must,  ex  necessitate,  be  invested 
with  quasi- judicial  powers  with  respect  to  its  organization  and 
the  conduct  of  its  business,  although  there  is  no  express  grant 
of  power  in  the  Constitution,  becomes  further  evident  from  the 
numerous  adjudications  recognizing  the  right  of  legislative 
bodies  to  expel  their  members,  and  to  punish  for  contempt,  not 
only  those  who  are  constituents  of  the  body  exercising  the 
power,  but  also  strangers  who  may  be  guilty  of  disorderly  con- 
duct, recusant  witnesses,  and  others  who  perform  acts  tending  to 
obstruct  its  proceedings. 

In  Hiss  v.  Bartlett  (3  Gray,  Mass.,  473),  Chief  Justice  Shaw 
said,  in  a  case  involving  the  right  of  the  Legislature  to  expel 
one  of  its  members : 


152  JOURNAL  OF  THE 

"  There  is  nothing  to  show  that  the  framers  of  the  Constitu- 
tion intended  to  withhold  this  power.  It  may  have  been  given 
expressly  in  other  States,  either  ex  majori  cautela,  or  for  the 
purpose  of  limiting  it  by  requiring  a  vote  of  more  than  a 
majority." 

"It  is  suggested  that  the  true  remedy  is  by  impeachment. 
But  that  form  of  proceeding  has  never  been  applied  to  members 
of  the  Legislature;  and  would  be  slow,  laborious  and  expensive, 
and  inadequate  to  the  object  sought  to  be  attained.  Impeach- 
ment lies  only  for  purpose  of  punishment,  by  deprivation  of 
office,  and  disqualification  to  hold  office,  leaving  the  offender 
still  liable  to  indictment,  if  the  offense  be  indictable." 

"  The  power  of  expulsion  is  a  necessary  and  incidental  power, 
to  enable  the  house  to  perform  its  high  functions  and  it  is  neces- 
sary to  the  safety  of  the  State.  It  is  a  power  of  protection.  A 
member  may  be  physically,  mentally  or  morally,  wholly  unfit;  he 
may  be  afflicted  with  a  contagious  disease,  or  insane,  or  noisy, 
violent  and  disorderly,  or  in  the  habit  of  using  profane,  obscene 
or  abusive  language.  It  is  necessary  to  put  extreme  cases  to  test 
a  principle.  If  the  power  exists,  the  house  may  necessarily  be 
the  sole  judge  of  the  exigency  which  may  justify  and  require  its 
exercise.  As  to  the  law  and  custom  of  Parliament,  the  author- 
ities cited  clearly  show  that  the  jurisdiction  to  commit  and  also  to 
expel,  has  long  been  recognized,  not  only  in  Parliament,  but  in 
the  courts  of  law,  for  the  purpose  of  protection  and  punishment." 

"But  there  is  another  consideration,  which  seems  to  render  it 
proper  to  look  into  the  law  and  practice  of  Parliament,  -to  some 
extent.  I  am  strongly  inclined  to  believe,  as  above  intimated, 
that  the  power  to  commit  and  to  expel  its  members  was  not 
given  to  the  house  and  senate  respectively,  because  it  was 
regarded  as  inherent,  incidental  and  necessary,  and  must  exist  in 
every  aggregate  and  deliberative  body,  in  order  to  the  exercise 
of  its  functions,  and  because  without  it  such  a  body  would  be 
powerless  to  accomplish  the  purposes  of  its  Constitution;  and 
therefore  any  attempt  to  express  or  define  it  would  impair  rather 
than  strengthen  it  This  being  so,  the  practice  and  usage  of  other 
legislative  bodies,  exercising  the  same  functions,  under  similar 
exigencies;  and  the  reasons  and  grounds,  existing  in  the  nature 
of  things  upon  which  their  rules  and  practice  have  been  founded, 
may  serve  as  an  example  and  as  some  guide  to  the  adoption  of 


CONSTITUTIONAL  CONVENTION.  153 

good  rules,  when  the  exigencies  arise  under  our  Constitution. 
But  independently  of  parliamentary  custom  and  usages,  our  leg- 
islative houses  have  the  power  to  protect  themselves,  by  the 
punishment  and  expulsion  of  a  member." 

In  People  ex  rel.  McDonald  v.  Keeler  (99  N.  Y.,  436), 
the  power  of  the  Senate  to  punish  a  witness  summoned  before  an 
investigating  committee  was  involved.  The  proceedings  were 
instituted  under  the  provisions  of  the  Revised  Statutes,  which 
were,  however,  claimed  to  be  unconstitutional  in  that  they  per 
mitted  the  Senate  to  exercise  a  power  judicial  in  its  nature,  and 
that  the  Constitution,  being  silent  on  the  subject,  intended  to 
withhold  from  the  Legislature  the  right  to  exercise  such  judicial 
functions.  The  objection  was,  however,  disapproved  by  the  court, 
Judge  Eapallo,  saying  : 

"At  the  time  of  their  enactment,  as  appears  by  the  note  of  the 
revisers,  it  was  assumed  that  although  the  State  Constitution  of 
1821  was  silent  upon  the  subject  of  the  privileges  of  the  Legis- 
lature or  of  either  house,  yet  that  it  was  not  intended  to  deprive 
the  two  houses  of  the  power  which  the  revisers  characterized  as 
indispensable,  of  punishing  contempts,  which  it  had  then  been 
determined  by  the  Supreme  Court  of  the  United  States,  in  the 
case  of  Anderson  v.  Dunn  (6  Wheat,  204),  was  possessed  by  the 
Houses  of  Congress  by  necessary  implication,  the  Constitution 
of  the  United  States  being  equally  silent  upon  the  subject,  and  it 
was  deemed  proper  to  provide  a  legislative  definition  of  those 
privileges  of  the  houses  and  their  members,  the  breach  of  which 
should  be  regarded  as  a  contempt.  With  this  .view  the  new  pro- 
visions were  framed.  (See  note  to  tit.  2,  chap.  7,  part  1,  R.  S.) " 

"The  Constitution  of  the  United  States  declares,  in  terms,  that 
the  judicial  power  of  the  United  States  shall  be  vested  in  one 
Supreme  Court,  and  in  such  inferior  courts  as  the  Congress  may 
from  time  to  time,  order  and  establish.  Although  no  similar 
declaration  is  contained  in  the  Constitution  of  this  State,  still  it 
is  a  recognized  principle  that  in  the  division  of  power  among  the 
great  departments  of  government,  the  judicial  power  has  been 
committed  to  the  judiciary,  as  the  executive  power,  has  been 
committed  to  the  executive  department,  and  the  legislative  to  the 
Legislature,  and  that  body  has  no  power  to  assume  the  functions 
of  the  judiciary  to  determine  controversies  among  citizens  or 
even  to  expound  its  own  laws,  so  as  to  control  the  decisions  of  the 


154  JOURNAL  OF  THE 

courts  in  respect  to  past  transactions.  (People  v.  Supervisors, 
16,  N.  Y.,  432.)  To  declare  what  the  law  shall  be  is  a  legislative 
power;  to  declare  what  it  is,  or  has  been,  is  judicial.  (Thompson, 
'J.,  in  Dash  v.  Van  Kleeck,  7  Johns.,  498.)  But  notwithstanding 
this  general  division  of  powers,  certain  powers  in  their  nature 
•judicial  are,  by  the  express  terms  of  the  Constitution,  vested  in 
the  Legislature.  The  power  of  impeachment  is  vested  in  the 
'Assembly.  Each  house  is  made  the  judge  of  the  qualifications 
and  elections  of  its  own  members.  The  power  of  removal  of  cer- 
'tain  judicial  officers  for  cause  is  given  by  the  Constitution  to  thfe 
Senate  and  Assembly,  and  involves  inquiries  judicial  in  their 
nature,  and  by  statute  certain  other  officers  may  be  removed  by 
•the  Senate  on  recommendation  of  the  Governor.  (1  R  S.,  125, 
section  41.)  I  think  it  would  be  going  too  far  to  say  that  every 
statute  is  necessarily  void  which  involves  action  on  the  part  of 
either  house,  partaking  in  any  degree  of  a  judicial  character,  if 
not  expressly  authorized  by  the  Constitution.  Where  the  statute 
relates  to  the  proceedings  of  the  legislative  body  itself,  and  is 
necessary  or  appropriate  to  enable  it  to  perform  its  constitutional 
•functions,  I  cannot  negard  it  as  such  an  invasion  of  the  province 
of  the  judiciary  as  should  bring  it  within  any  implied  prohibition 
of  the  State  Constitution.  That  instrument  contains  no  express 
provision  declaring  any  of  the  privileges  of  the  members  of  either 
house,  except  that  for  any  speech  or  debate  in  either  house,  the 
member  shall  not  be  questioned  in  any  other  place.  Even  the 
privilege  of  exemption  from  arrest  during  the  sessions,  is  not 
declared.  No  power  to  keep  order  or  to  punish  members  or  others 
for  disorderly  conduct  or  to  expel  a  member  is  contained  in  the 
State  Constitution  as  it  is  in  the  Constitution  of  the  United 
States.  All  these  matters  are  in  this  'State  left  under  the  regula- 
tions of  the  statutes  and  there  is  not  even  express  authority  to 
enact  such  statutes.  (R.  S.  chap.  7,  tit.  2.)  The  necessity  of  the 
powers  mentioned  is  apparent,  and  is  conceded  in  all  the  author- 
ities. (See  Cooleys'  Const.  Lim.  133),  yet  it  is  equally  apparent 
that  statutes  upon  the  subject  must  authorize  some  action  partak- 
ing' of  a  judicial  character.  If  that  feature  is  a  fatal  objection  it 
annuls  all  the  statutory  provisions  in  which  it  appears.  *  *  * 

"The  same  principle  which  renders  it  the  duty  of  the  courts 
to  hold  legislative  action  illegal  when  it  unduly  encroaches  upon 
the  province  of  the  judiciary,  forbids  interference  by  the  latter 
with  the  action  of  legislative  bodies  or  the  exercise  of  their 


CONSTITUTIONAL  CONVENTION.  155 

discretion  in  matters  within  the  range  of  their  constitutional 
powers." 

In  Wilkens  v.  Willet  (4  Abb.  Ct.  App.  Dec.,  601),  the  court, 
considering  the  general  power  of  Congress  to  subpoena  witnesses 
to  testify  before  it,  and  to  punish  disobedience  of  its  process, 
said: 

"  That  the  power  exists  admits  of  no  doubt  whatever.  It  is 
a  necessary  incident  to  the  sovereign  power  of  making  laws; 
and  its  exercise  is  often  indispensable  to  the  great  end  of 
enlightened,  judicious  and  wholesome  legislation.  The  power  is 
rather  judicial  in  its  nature,  but  in  a  legislative  body  exists 
as  an  auxiliary  to  the  legislative  power  only.  In  the  earlier 
history  of  the  country  from  which  our  institutions,  both  of  law 
and  legislation,  are  principally  derived,  judicial  and  legislative 
functions  existed  in  and  were  exercised  by  the  same  body.  And 
when  they  were  afterward  separated,  and  each  came  to  be 
exercised  by  a  separate  tribunal  or  body,  the  legislative  body 
necessarily  retained  a  sufficient  amount  of  the  judicial  power 
to  enable  it  to  investigate  fully  and  to  comprehend  thoroughly 
any  and  every  subject  upon  which  the  body  proposed  to  act  in 
its  legislative  capacity.  This  included  the  power  to  subpoena 
witnesses  to  give  evidence,  to  compel  them  to  attend  and  tes- 
tify, and  to  punish  for  disobedience  and  contempt  in  refusing 
to  attend,  or  in  refusing  to  testify  upon  attendance.  The  power 
to  punish  for  disobedience  and  contempt  is  a  necessary  incident 
to  the  power  to  require  and  compel  attendance." 

These  authorities  are  an  ample  refutation  of  the  claim  that 
the  judiciary  alone  has  the  right  to  exercise  power  judicial  in 
its  nature,  and  that  it  is  necessary  that  in  all  cases  the  right 
should  be  expressly  conferred. 

It  is  equally  well  settled  that  where  the  power  is  lodged  in 
a  legislative  body  to  judge  of  the  elections,  returns  and  quali- 
fications of  its  own  members,  such  power  is  exclusive  and  cannot, 
by  its  own  consent,  or  by  legislative  action,  be  vested  in  any 
other  tribunal,  or  officer  and  cannot  be  questioned  by  the  execu- 
tive or  judicial  departments  of  the  government.  (Opinion  of 
the  Justices,  56  N.  H.,  570;  State  v.  Gilmore,  20  Kan.,  551;  State 
v.  Tomlinson,  20  Kan.,  692;  People  v.  Mahaney,  13  Mich.,  481.) 

Thus  far  the  question  has  been  considered  upon  the  theory 
that  the  Convention,  in  passing  upon  the  election  and  quali- 
fication of  its  members,  acts  in  a  quasi- judicial  capacity.  This, 
however,  is  by  no  means  conceded.  It  is  merely  a  power  insep- 


156  JOUBNAL  OF  THE 

arable  from,  inherent  in,  and  incidental  and  necessary  to,  the 
political  powers  possessed  by  the  Convention  or  by  any  legis- 
lative body.  Every  department  of  the  government  and  every 
officer  in  every  department  in  the  performance  of  his  duties 
must  frequently  act  in  a  quasi- judicial  capacity.  Questions  of 
expediency,  of  public  policy,  frequently  arise  which,  although 
they  call  for  the  exercise  of  judgment  and  discretion,  are  not 
proper  subjects  of  judicial  cognizance.  Controversies  often 
arise  with  respect  to  the  organization  of  a  Legislature  and  as 
to  which  of  several  governments  of  a  State,  is  the  constitutional 
government.  None  of  these  can  come  within  the  jurisdiction 
of  the  courts  for  judgment  or  decision,  because  these  bodies 
are  subject  to  no  judicial  authority.  A  political  problem  arises 
which  can  only  be  determined  by  public  opinion,  compromise 
or  a  resort  to  force. 

Luther  v.  Borden,  7  How.  (U.  S.),  1. 

State  of  Georgia  v.  Stanton,  6  Wall.,  50. 

Jones  v.  United  States,  137  U.  S.,  217. 

In  re  Cooper,  143  U.  S. 

Kerr  v.  Trego,  47  Pa.  St.,  292. 

Kobertson  v.  State,  109  Ind.,  79. 

In  the  first  of  these  cases  Mr.  Justice  Woodbury,  in  his  dis- 
senting opinion,  which,  however,  on  this  point,  was  in  entire 
accord  with  that  of  the  majority  of  the  court,  said: 

"Fortunately  for  our  freedom  from  political  excitements  in 
judicial  duties,  this  court  can  never,  with  propriety,  be  called  on 
officially  to  be  the  umpire  in  questions  merely  political.  The 
adjustment  of  these  things  belongs  to  the  people  and  their 
political  representatives  either  in  the  State  or  the  general 
government." 

So  it  has  been  held  that  the  chief  executive  officer  of  a  State 
in  the  exercise  of  his  political  or  executive  powers  or  the  functions 
which  are  confided  to  his  discretion  by  the  Constitution  is 
entirely  independent  of  the  judiciary,  and  the  latter  cannot  use 
its  process  either  to  direct  or  to  prohibit  the  performance  of 
such  executive  acts  or  to  regulate  the  manner  of  their  exercise. 

Commonwealth  v.  Denison,  24  How.,  U.  S. 
66. 

In  re  Dennett,  32  Maine,  508. 

Mauran  v.  Smith,  8  B.  I.,  192. 

'State  v.  Governor,  25  N.  J.  (Law),  351. 


CONSTITUTIONAL  CONVENTION.  157 

In  the  case  last  cited,  Chief  Justice  Greene  said: 

"  All  the  powers  conferred  by  the  Constitution  on  the  Governor 
are  political  powers,  all  the  duties  enjoined  are  political  duties. 
Touching  all  the  powers  conferred  on  the  executive,  by  the  Con- 
stitution, he  is  entirely  independent  of  the  control  of  the 
judiciary,  beiDg  responsible  to  the  people  alone  and  liable  to 
impeachment  for  misdemeanor  in  office. 

"While  it  is  the  acknowledged  duty  of  courts  of  justice  to 
exert  all  their  appropriate  powers  for  the  redress  of  a  private 
wrong,  it  is  no  less  a  duty  sedulously  to  guard  against  any 
encroachment  upon  the  right  or  usurpation  of  the  powers  of  the 
co-ordinate  departments  of  government  in  the  delicate  and 
complicated  machinery  of  our  republican  system,  it  is  of  the 
utmost  importance  that  each  department  of  the  government 
should  confine  itself  strictly  within  the  limits  prescribed  by  the 
Constitution- 

"It  is  ob\?ious  that  the  exercise  of  the  power  now  invoked, 
will  have  a  direct  and  immediate  tendency  to  bring  the  executive 
and  judicial  departments  of  the  government  into  conflict.  It 
cannot  alter  the  principle  that  in  the  present  case  the  Governor 
assents  to  the  application.  We  have  Mr.  Jefferson's  authority 
for  saying,  that  if  the  Supreme  Court  had  granted  a  mandamus 
in  the  case  of  Marbury  v.  Madison  (1  Cranch,  137),  he  should 
have  regarded  it  as  trenching  on  his  appropriate  sphere  of  duty; 
that  he  had  instructed  Mr.  Madison  not  to  deliver  the  commission, 
and  that  he  was  prepared,  as  President  of  the  United  States, 
to  maintain  his  own  construction  of  the  Constitution  with  all 
the  powers  of  the  government  against  any  control  that  might 
be  attempted  by  the  judiciary,  in  effecting  what  he  regarded 
as  the  rightful  powers  of  the  executive  and  Senate  within  their 
peculiar  departments.  (Jefferson's  Works,  vol.  4,  pp.  75,  317,  372.)  " 

What  is  true  of  the  relations  between  the  judicial  and  the 
executive  departments  of  the  government,  is  equally  true  of 
the  relations  of  the  former  with  the  legislative  departments. 
While  it  is  within  the  undoubted  province  of  the  courts  to  pass 
upon  the  constitutionality  of  acts  performed  by  such  bodies,  their 
judicial  functions  are  in  suspense  until  there  has  been  action.  To 
attempt  to  interfere  with  the  co-ordinate  branches  of  the  gov- 
ernment so  as  to  prevent  them  from  acting  at  all,  or  to  prescribe 


158  JOURNAL  OF  THE 

the  methods  to  be  pursued,  would  be  a  direct  attack  upon  our 
political  system. 

Irrespective  of  these  important  considerations  there  is  another 
reason  why  the  Supreme  Court  does  not  possess  the  right  to 
prohibit  the  Convention  from  considering  the  pending  contest. 
The  clause  of  the  Constitution  which  creates  the  Constitutional 
Convention  requires  the  Legislature  "  to  provide  by  law  for  the 
election  of  delegates  to  such  Convention."  This  leaves  it  within 
the  discretion  of  the  Legislature  to  regulate  the  method  of  con- 
ducting the  election  and  of  determining  the  result  so  long  as 
it  does  not  infringe  upon  the  powrers  properly  pertaining  to  the 
Convention.  In  the  exercise  of  this  authority  the  Legislature, 
in  the  act  of  1893,  providing  for  the  election  of  delegate?, 
declared  that  the  Convention  should  have  the  power  to  judge 
the  elections  and  qualifications  of  its  members.  This  was  a 
legitimate  exercise  of  the  power  conferred  upon  the  Legislature 
by  the  Constitution.  The  election  provided  for  was  an  election 
subject  to  the  power  of  the  Convention,  to  pass  upon  the  quali- 
fications and  elections  of  the  persons  claiming  to  be  elected. 

The  provision  was,  moreover,  ratified  and  adopted  by  the 
People  in  electing  delegates  to  exercise  the  powers  so  provided 
for.  The  election  of  delegates  under  this  law  was  the  election 
of  officers  to  exercise  this  specific  power  among  others.  In  the 
words  of  Judges  Bronson,  Beardsley  and  Jewett,  above  quoted, 
"The  people  have  not  only  decided  in  favor  of  a  Convention, 
but  they  have  determined  that  it  shall  be  held  in  accordance 
with  the  provisions  of  the  act." 

LOUIS  MARSHALL, 
CHARLES  H.  TRUAX, 
J  ELIHU  ROOT, 

Sub-Committee. 

Mr.  Hawley  moved  to  dispense  with  the  reading  of  the  report 
of  the  sub- committee. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Root  offered  a  resolution  in  words,  folio  wing: 

Resolved,  That  the  report  of  the  Committee  on  Judiciary, 
regarding  the  writ  of  prohibition  issued  by  the  Supreme  Court 
at  the  instance  of  Herman  F.  Trapper,  be  and  the  same  hereby  is 
adopted,  and  that  the  views  of  the  Convention,  as  embodied  in 


CONSTITUTIONAL  CONVENTION.  159 

that  report,  be  forthwith  transmitted  by  the  Secretary  of  the 
Convention  to  the  Supreme  Court,  with  a  respectful  remonstrance 
against  its  entertaining  jurisdiction. 

Mr.  Platzek  moved  to  reconsider  the  vote  by  which  the  reading 
of  the  report  of  the  sub-committee  was  dispensed  with. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  the  resolu- 
tion offered  by  Mr.  Root,  and  it  was  adopted  unanimously. 

Mr.  President  announced  the  designation  of  Charles  S.  Francis 
as  reporter  of  the  Troy  Daily  Times. 

Mr.  Kellogg  moved  that  the  Convention  now  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

And,  at  11.57,  the  Convention  adjourned. 


Tuesday,  .June   5,   1894. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Kt.  Rev.  Wm.  Croswell  Doane. 
The  Journal  of  Friday,  June  first,  was  read  and  approved. 

Mr.  President  presented  the  petition  of  the  New  York  yearly 
meeting  of  the  Religious  Society  of  Friends,  asking  the  abolition 
of  the  death  penalty,  which  was  referred  to  the  Committee  on 
State  Prisons  and  Penitentiaries. 

Also,  the  petition  of  the  same  society,  asking  the  prohibition  of 
the  liquor  traffic. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

Mr.  Lester  presented  the  petition  of  1,246  citizens  of  Saratoga 
county,  asking  that  the  word  "male"  be  stricken  out  of  the 
Constitution. 

Referred  to  the  Committee  on  Suffrage. 


160  JOUKNAL  OF  THE 

Mr.  President  presented  a  communication  in  words  following: 
I  hereby  resign  my  position  as  clerk  to  committee  of  the  Con- 
stitutional Convention. 

Monroe,  June  2,  1894. 

GEO.  H.  BASSETT. 

Mr.  President  appointed  John  J.  Brown,  of  the  Sixteenth  dis- 
trict, in  place  of  Geo.  H.  Bassett. 

Mr.  J.  I.  G-reen  called  up  the  resolution^  presented  by  him,  in 
words  following: 

Besolved,  That  the  district  attorneys  of  each  county  of  this 
State  be  requested  by  the  Secretary  to  forward  to  this  Convention 
a  list  of  the  persons  indicted  for  the  commission  of  crime  in  their 
respective  counties  and  now  actually  confined  in  the  prisons  of 
their  respective  counties  awaiting  trial,  together  with  the  date  of 
their  arrest,  indictment,  and  for  what  cause  they  were  indicted; 
also  a  list  of  the  persons  actually  confined  in  the  prisons  of  their 
respective  counties  awaiting  trial,  with  the  date  of  their  arrest 
and  the  cause. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Birschberg  called  up  the  resolution  offered  by  him,  in  words 
following : 

Eesolved,  That  the  Committee  on  Printing  be  directed  to  cause 
five  hundred  (500)  copies  of  the  arguments  of  the  respective  coun- 
sel in  the  contests  in  the  Thirtieth  district  made  before  the  Com- 
mittee on  Privileges  and  Elections,  to  be  printed  for  the  use  of 
the  Convention  instead  of  the  Qvidence. 

Mr.  Hill  moved  to  amend  by  striking  out  "  500  "  and  inserting 
in  lieu  thereof  "  1,000." 

Mr.  Hirschberg  accepted  the  amendment. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Banks  offered  a  resolution  in  words  following: 
B-esolved,  That  when  a  proposed  constitutional  amendment  is 
introduced,  amending  existing  sections  of  the  Constitution,  the 
new  matter  shall  be  underscored,  and,  when  printed,  shall  be 


CONSTITUTIONAL  CONVENTION.  161 

italicized,  and  all  portions  of  such  sections  proposed  to  be  omitted 
by  the  amendment  shall  be  included  in  brackets. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  Barrow  called  up  the  resolution  offered  by  him  in  words 
following : 

Kesolved,  That  the  Secretary  of  State  be  requested  to  furnish  to 
this  Convention,  from  such  data  as  may  be  in  his  possession,  as 
near  as  may  be,  the  number  of  manufacturing  and  business  cor- 
porations organized  under  the  laws  of  other  States  for  the  pur- 
pose of  conducting  business  within  this  State,  during  the  period 
of  three  years  last  past,  together  writh  such  information  as  may 
be  in  his  possession  as  to  the  causes  which  have  led  to  the  organi- 
zations of  such  corporations  without  the  State,  and  that  the  said 
Secretary  also  report  such  information  as  may  be  in  his  posses- 
sion, if  any,  as  to  the  organization  by  citizens  of  this  State  of  cor- 
porations under  the  laws  of  other  States  to  do  business  therein, 
and  the  reasons  which  have  actuated  such  organizations  to  do 
business  in  other  States  rather  than  under  the  laws  of  this  State. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Barrow  offered  a  resolution  in  words  following: 

Resolved,  That  this  Convention  submit  to  the  people  for  their 
approval,  as  the  work  and  deliberation  of  this  Convention,  a 
revised  Constitution,  and  not  amendments  only. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  Tibbitts  offered  a  resolution  in  words  following: 

Resolved,  That  the  Secretary  of  this  Convention  be  instructed  to 
forward  to  the  chair  of  constitutional  history,  at  Cornell  Univer- 
sity, each  morning,  unbound  copies  of  all  its  proceedings. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Also,  the  following: 

Resolved,  That  two  bound  copies  of  the  Journal,  debates  and 
reports  of  this  Convention  be  distributed  to  Cornell  University, 
one  copy  thereof  to  the  general  library  and  one  copy  to  the  law 
library. 

n 


162  JOURNAL  OF  THE 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  I.  S.  Johnson  offered  a  resolution  in  words  following: 

Besolved,  That  the  Secretary  be  requested  to  procure,  have 
printed  and  placed  on  the  files  of  the  members,  a  copy  of  the  con- 
tract entered  into  by  State  officers  with  The  Argus  Company  for 
the  printing  -of  the  proceedings,  etc.,  of  the  Convention. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  Alvord  asked  and  obtained  leave  of  absence  from  the  ses- 
sions of  to-morrow  and  Thursday. 

141. — Mr.  Sandford  presented  a  proposed  amendment  to  article 
1,  section  7  of  the  Constitution,  concerning  the  compensation  to 
be  made  for  private  property  taken  for  public  use,  which  was 
referred  to  the  Committee  on  Preamble. 

142.— By  Mr.  C.  H.  Truax: 

Proposing  amendment  to  article  13,  section  2  of  the  Constitu- 
tion, relating  to  Constitutional  Conventions. 

Referred  to  the  Committee  on  Constitutional  Amendments. 
143.— By  Mr.  Dickey: 

Proposing  amendment  to  article  2,  section  1  of  the  Constitution, 
providing  that  twenty  years  shall  be  the  voting  age. 
Referred  to  the  Committee  on  Suffrage. 

144.— By  Mr.  Danforth: 

Proposing  amendment  to  article  13,  section  2  of  the  Constitu- 
tion, relative  to  the  powers  of  Constitutional  Conventions. 
Referred  to  the  Committee  on  Constitutional  Amendments. 
145.— By  Mr.  Roche: 

Proposing  amendment  to  article  1,  section  3  of  the  Constitu- 
tion, relating  to  religious  liberty. 
Referred  to  the  Committee  on  Preamble. 

146. — Also,  proposing  amendment  to  article  3,  section  13  of  the 
Constitution,  relating  to  the  passage  of  legislative  bills. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 


CONSTITUTIONAL  CONVENTION.  163 

147. — By  Mr.  Rogers: 

Proposing  amendment  to  article  3,  section  18  of  the  Constitu- 
tion, increasing  or  decreasing  the  official  term  of  elective  officers. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

148.— By  Mr.  Banks: 

Proposing  amendment  to  the  Constitution,  relative  to  the  debt 
limitation  of  cities. 

Referred  to  the  Committee  on  Cities. 

149.— By  Mr.  Goodelle: 

Proposing  amendment  to  article  3,  section  10  of  the  Constitu- 
tion, inhibiting  the  Legislature  from  judging  the  qualifications  of 
its  own  members. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

150. — Also,  proposing  amendment  to  article  2,  section  1  of  the 
Constitution,  relative  to  the  qualifications  of  voters. 

Referred  to  the  Committee  on  Suffrage. 

151.— By  Mr.  Alvord: 

Proposing  amendment  to  article  4,  section  9  of  the  Constitu- 
tion, relative  to  bills  presented  to  the  Governor  for  his  signature. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

152. — By  Mr.  Hawley  (by  request) : 

Proposing  amendment  to  article  4,  section  5  of  the  Constitu- 
tion, relative  to  the  pardoning  power. 

Referred  to  the  Committee  on  Governor  and  State  Officers. 

153. — Also  (by  request),  proposing  amendment  to  article  3  of 
the  Constitution,  by  adding  a  section  relative  to  legislative  powers 
and  duties. 

Referred  to  the  Committee  on  Legislature,  its   Powers  and 

Duties. 


164  JOURNAL  OF  THE 

154. — Also  (by  request),  proposing  amendment  to  article  3,  sec- 
tions 16  and  23  of  the  Constitution,  relative  to  the  advertisement 
of  local  or  private  bills  in  official  papers  before  their  introduction. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

155. — Also  (by  request),  proposing  amendment  to  article  3,  sec- 
tion 13  of  the  Constitution,  relative  to  the  houses  in  which  bills 
may  originate. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

156.— By  Mr.  Doty: 

Proposing  amendment  to  article  8,  section  10,  relative  to  giving 
or  loaning  the  credit  of  the  State,  and  to  abolish  section  9  of 
article  7. 

Referred  to  the  Committee  on  State  Finances  and  Taxation. 

157. — By  Mr.  I.  S.  Johnson : 

Proposing  amendment  to  article  2,  section  2  of  the  Constitu- 
tion, relative  to  bribery  at  elections,  caucuses  or  conventions. 

Referred  to  the  Committee  on  Judiciary 

158. — Also,  proposing  amendment  to  article  12,  section  1  of  the 
Constitution,  relative  to  oaths  of  office. 

Referred  to  the  Committee  on  Judiciary. 

Mr.  Root  moved  that  the  resolution  presented  by  Mr.  J.  I.  Green 
be  referred  to  the  Committee  on  State  Prisons  and  Penitentiaries. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

On  motion  of  Mr.  Hamlin  the  consideration  of  the  report  of  the 
Committee  on  Printing  was  postponed  until  to-morrow. 

Mr.  President  announced  that  he  had  received  from  Mrs.  John 
V.  L.  Pruyn  a  very  cordial  invitation  for  the  members  of  the  Con- 
vention to  meet  and  dine  with  the  Chancellor  and  Vice-Chancellor, 
together  with  the  Board  of  Regents  of  the  University,  at  her  resi- 
dence on  Elk  street,  at  nine  o'clock  this  evening. 


CONSTITUTIONAL  CONVENTION.  165 

Mr.  Root  offered  a  resolution  in  words  following: 
Resolved,  That  the  invitation  of  Mrs.  Pruyn  to  meet  the  Chan- 
cellor, Vice-Chancellor  and  Regents  of  the  University  be  accepted, 
with  thanks.  | 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

On  motion  of  Mr.  McClure,  at  11.55,  the  Convention  adjourned. 


Wednesday,  June  6,  1894. 

The  Convention  met  pursuant  to  adjournment 

Prayer  by  Rev.  Father  Malone. 

The  Journal  of  Tuesday,  June  fifth,  was  read  and  approved. 

Mr.  President  presented  the  memorial  of  the  American  Patri- 
otic League  against  appropriations  for  sectarian  purposes,  which 
was  referred  to  the  Committee  on  Charities. 

Mr.  Pool  presented  the  petition  of  the  Board  of  Trustees  of 
North  Tonawanda,  in  favor  of  female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Durfee  presented  the  petition  and  memorial  of  citizens  of 
Wayne  county  against  appropriations  for  sectarian  purposes. 
Referred  to  the  Committee  on  Charities. 

Mr.  Foote  presented  the  petition  of  the  Woman's  Indian  Asso- 
ciation, of  Rochester,  relating  to  Indian  education. 

Referred  to  the  Committee  on  Indians. 

Mr.  Cookinham  presented  the  memorial  and  petition  of  citizens 
of  Utica  against  the  appropriation  of  public  moneys  for  sectarian 
purposes. 

Referred  to  the  Committee  on  Charities. 

Mr.  E.  R.  Brown  presented  the  petition  of  3,349  citizens  of  Jef- 
ferson county,  asking  that  the  word  "  male  "  be  stricken  from  the 
Constitution. 

Referred  to  the  Committee  on  Suffrage. 


166  JOURNAL  OF  THE 

Mr.  B.  M.  Johnston  offered  a  resolution  in  words  following: 
Resolved,  That  the  Secretary  of  this  Convention  be  and  he  is 
hereby  directed  to  communicate  with  the  Governor  of  the  State, 
and  the  mayors  of  the  different  cities  thereof,  for  the  purpose  of 
ascertaining  to  what  extent  civil  service  reform  prevails  in 
appointments  to  office  under  the  State  government  and  the  gov- 
ernment of  the  municipalities  thereof,  respectively;  how  long  in 
force;  the  manner  of  its  execution;  the  appropriations  for,  and  the 
expense  of  its  maintenance  for  each  year;  also  the  nature  and 
extent  of  the  benefits,  if  any,  derived  by  the  State  and  cities 
through  its  enforcement,  and  particularly  any  special  benefits,  as 
distinguished  from  those  accruing  prior  to  the  enactment  of  the 
Civil  Service  Keform  Law.  That  upon  the  receipt  of  such  infor- 
mation by  the  Secretary,  he  shall  communicate  the  same  to  this 
Convention. 
Referred  to  the  Committee  on  Cities. 

Mr.  Hottenroth  offered  a  resolution  in  words  following : 

Resolved,  That  the  Secretary  of  this  Convention  communicate 
with  the  Secretary  of  State,  with  the  mayors  of  cities,  and  also 
with  such  other  persons  as  the  Committee  on  Railroads  shall  des- 
ignate, to  obtain:  • 

1.  A  list  of  railroads  and  elevated  and  street  surface  railways 
in  this  State  for  the  construction  and  operation  of  which  fran- 
chises have  been  granted,  but  which  have  not  been  constructed; 
or,  if  partly  constructed,  the  extent  of  such  construction. 

2.  A  list  of  railroads  and  elevated  and  street  surface  railways  in 
this  State  for  the  construction  and  operation  of  which  franchises 
have  been  granted,  and  which  have  been  constructed,  but  which 
are  not  operated,  or,  if  partly  operated,  the  portions  operated. 

And  also  the  location  of  the  routes,  the  dates  of  the  granting 
of  the  franchises,  by  who  granted,  and  whether  the  corporations 
controlling  them  were  organized  under  general  laws  or  special 
statutes. 

Referred  to  the  Committee  on  Railroads. 

Mr.  Banks  called  up  the  resolution  offered  by  him  in  words 
following : 

Resolved,  That  when  a  proposed  constitutional  amendment  is 
introduced  amending  existing  sections  of  the  Constitution,  the 


CONSTITUTIONAL  CONVENTION,  167 

new  matter  shall  be  underscored,  and,  when  printed,  shall  be 
italicized,  and  all  portions  of  such  sections  proposed  to  be  omitted 
by  the  amendment  shall  be  included  in  brackets. 

Mr.  Kerwin  moved  to  amend  as  follows:  Add  after  the  word 
"  bracket,"  "  and  if  a  committee  recommend  striking  out  certain 
words,"  in  which  case  they  shall  be  printed  stricken  through. 

Mr.  Banks  accepted  the  amendment. 

Mr.  Durfee  moved  that  said  resolution  be  referred  to  tie  Com- 
mittee on  Printing. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Tibbetts  called  up  the  resolution  offered  by  him  in  words 
following :  ( 

Resolved,  That  two  bound  copies  of  the  Journal,  debates  and 
reports  of  this  Convention  be  distributed  to  Cornell  University, 
one  copy  thereof  to  the  general  library  and  one  copy  to  the  law 
library. 

Mr.  Kellogg  moved  to  amend  by  inserting  after  words  "  Cornell 
University "  the  words  "  and  to  all  the  normal  schools  in  the 
State." 

Mr.  McDonough  moved  to  add  the  words  "  also  to  all  incorpo- 
rated colleges." 


Mr.  McMillan  moved  to  lay  the  resolution  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Lincoln  called  up  the  resolution  offered  by  him  in  words 
following : 

Whereas,  Sixteen  States,  to  wit,  Alabama,  Arkansas,  Colorado, 
Florida,  Indiana,  Kansas,  Louisiana,  Michigan,  Minnesota,  Mis- 
souri, Nebraska,  North  Dakota,  Oregon,  South  Dakota,  Texas  and 
Wisconsin,  by  their  Constitutions,  grant  the  right  of  suffrage  to 
aliens  who  have  filed  a  declaration  of  their  intention  to  become 
citizens,  but  who  have  not  been  naturalized,  thus  permitting  per- 
sons to  participate  in  the  government  of  this  country  who  are 
subjects  of  a  foreign  power,  and  who  owe  no  allegiance  to  the 
State  nor  to  the  United  States,  thereby  giving  rise  to  occasions 


168  JOURNAL  OF  THE 

when  the  votes  of  aliens  may  change  the  course  of  government; 
therefore, 

Resolved,  That  it  is  the  sense  of  this  Convention  that  such 
grant  of  suffrage  is  contrary  to  the  spirit  of  American  institu- 
tions; that  the  right  of  suffrage  ought  to  be  uniform  throughout 
the  Union,  and  that  no  person  ought  to  be  permitted  to  vote  who 
is  not  a  citizen  of  the  United  States. 

Resolved,  That  we  hereby  respectfully  request  Congress  to 
recommend  and  submit  to  the  several  States,  for  their  considera- 
tion, a  proposed  amendment  to  the  National  Constitution,  requir- 
ing all  voters  to  be  citizens,  and  prohibiting  any  State  from  grant- 
ing the  right  of  suffrage  to  any  person  who  is  not  a  citizen  of  the 
United  States. 

Resolved,  That  the  Secretary  of  this  Convention  immediately 
transmit  a  copy  of  these  resolutions  to  the  President  of  the  Senate 
of  the  United  States  and  also  to  the  Speaker  of  the  House  of 
Representatives. 

Resolved,  That  we  hereby  repectfully  request  the  Senators  and 
members  of  Congress  from  this  State  to  urge  the  adoption  by  Con- 
gress of  a  concurrent  resolution,  providing  for  the  submission  of 
the  proposed  amendment. 

Mr.  Dickey  moved  to  refer  said  resolution  to  the  Committee  on 
Suffrage.  ; 

Mr.  Deady  moved  to  lay  said  resolution  on  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Deadv.  and 
it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Dickey, 
and  it  was  determined  in  the  affirmative. 

159. — Mr.  Jenks  presented  a  proposed  amendment  iv  article  2, 
section  3  of  the  Constitution,  relative  to  right  to  vote  "f  inmates 
of  soldiers  and  sailors'  homes. 

Referred  to  the  Committee  on  Suffrage. 

160.— By  Mr.  Lauterbach: 

Proposing  amendment  to  article  3  of  the  Constitution,  relating 
to  the  method  of  enactment  of  laws  by  the  Legislature. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 


CONSTITUTIONAL  CONVENTION.  169 

161.— By  Mr.  Arnold: 

Proposing  amendment  to  article  4,  section  5  of  the  Constitu- 
tion, creating  a  board  of  pardon,  consisting  of  the  Governor  and 
three  retired  justices  of  the  Supreme  Court. 

Referred  to  the  Committee  on  Governor  and  State  Officers. 

162.— By  Mr.  A.  B.  Steele: 

Proposing  amendment  to  article  6,  sections  15  to  18  of  the  Con- 
stitution, relating  to  County,  Surrogates  and  Justices'  Courts. 
Referred  to  the  Committee  on  Judiciary. 

163.— By  Mr.  E.  R.  Brown:  , 

Proposing  amendment  to  article  6,  section  9  of  the  Constitution, 

relative  to  the  appointment  of  Supreme  Court  justices  to  fill 

vacancies. 
Referred  to  the  Committee  on  Judiciary. 

164.— By  Mr.  Marshall: 

Proposing  amendment  to  article  6  of  the  Constitution,  relating 
to  the  judiciary  and  embodying  the  recommendations  of  the 
Constitutional  Commission  of  1890. 

Referred  to  the  Committee  on  Judiciary. 

165.— By  Mr.  H.  A.  Clark: 

Proposing  amendment  to  article  3,  section  5  of  the  Constitu- 
tion, relative  to  the  powers  of  the  Legislature  in  the  division  ai;d 
organization  of  new  towns  and  counties. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties.  ; 

166.-^By  Mr.  Hawley: 

Proposing  amendment  to  article  6,  section  15  of  the  Constitu- 
tion, relative  to  Courts  of  Sessions. 
Referred  to  the  Committee  on  Judiciary. 

167. — Also,  proposing  amendment  to  article  1,  section  17  of  the 
Constitution,  relative  to  the  appointment  of  commissioners  to 
codify  the  laws  of  the  State. 

Referred  to  the  Committee  on  Judiciary. 


170  JOURNAL  OF  THE 

168.— By  Mr.  Doty: 

Proposing  amendment  to  article  8,  section  11  of  the  Constitu- 
tion, relative  to  the  giving  or  loaning  of  money  or  credit  by  coun- 
ties, cities,  towns  or  villages. 

Referred  to  the  Committee  on  Cities;  also  to  Committee  on 
County,  Town  and  Village  Government. 

169.— Also,  Proposing  amendment  to  article  8,  section  1  of  the 
Constitution,  relative  to  the  creation  of  corporations. 
Referred  to  the  Committee  on  Corporations. 

170 —  By  Mr.  Woodward: 

Proposing  amendment  to  the  preamble  and  bill  of  rights  of  the 
Constitution. 

Referred  to  the  Committee  on  Preamble. 
171.— By  Mr.  Lincoln: 

Proposing  amendment  to  article  6  of  the  Constitution,  relating 
to  Surrogates'  Courts. 

Referred  to  the  Committee  on  Judiciary. 

172. — Also,  proposing  amendment  to  article  6,  section  15  of  the 
Constitution,  relative  to  County  Courts. 
Referred  to  the  Committee  on  Judiciary. 

Mr.  Root,  from  the  Judiciary  Committee,  reported  as  follows: 

The  Judiciary  Committee  recommends  the  adoption  of  the  fol- 
lowing resolution: 

Resolved,  That  the  Secretary  of  State  be  requested  to  furnish 
to  the  Convention  all  printed  and  written  information  as  to  the 
conditon  of  litigation  and  business  of  courts,  which  was  laid 
before  the  Judiciary  Commission  of  1890,  and  also  that  each 
county  clerk  and  each  clerk  of  a  court  of  record,  be  called  upon 
for  a  copy  of  the  last  printed  calendars  of  the  courts;  such  infor- 
mation and  documents,  when  received,  to  be  referred  and  trans- 
mitted to  the  Judiciary  Committee. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  as  follows: 


CONSTITUTIONAL  CONVENTION.  171 

Add  to  Rule  61,  as  printed  in  Document  No.  3,  the  following: 
No  constitutional  amendment  shall  be  adopted  unless  by  the 
assent  of  a  majority  of  all  the  members  elected  to  the  Convention. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  61,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  overture  introduced  by 
Mr.  Vedder,  introductory  No.  73,  entitled  "Proposed  constitu- 
tional amendment  to  amend  section  fifteen  of  article  three  (3) 
of  the  Constitution,  in  relation  to  the  passage  of  bills,"  reported 
in  favor  of  the  passage  of  the  same,  with  some  amendments,  which 
report  was  agreed  to  and  said  overture  committed  to  the  Com- 
mittee of  the  Whole. 

Mr.  Hamlin  called  up  the  report  of  the  Committee  on  Printing, 
in  words  following: 

HE  PORT  OF  COMMITTEE  ON  PRINTING. 

The  Committee  on  Printing,  to  .whom  was  referred  an  inquiry 
as  to  the  status  of  printing  required  by  the  Convention,  and  the 
terms  of  the  contract  made  therefor,  respectfully  report : 

That  the  facts,  BO  far  as  they  have  been  able  to  ascertain  the  same, 
and  the  provisions  of  law  relating  to  those  facts,  are  substantially 
as  follows :  Section  8,  chapter  8  of  the  Laws  of  1893,  originally 
provided : 

"  It  shall  be  the  duty  of  the  Secretary  of  State,  Attorney-Gen- 
eral and  Comptroller,  who  shall  be  in  office  on  the  first  day  of 
January,  eighteen  hundred  and  ninety-four,  to  cause  to  be  prepared 
and  ready  for  said  Convention,  at  the  commencement  of  its  session, 
a  suitable  manual,  two  copies  of  which  shall  be  furnished  to  each 
member  and  officer  of  the  said  Convention,  and  the  expense  of 
which  shall  be  paid  by  the  Treasurer,  upon  the  warrant  of  the 
Comptroller. " 

Section  12  of  said  act  also  provides  that : 

"  The  Comptroller  and  Secretary  of  State  are  hereby  authorized 
and  required,  in  the  month  of  March,  eighteen  hundred  and  ninety- 


172  JOURNAL  OF  THE 

three,  to  receive  proposals  and  make  a  contract  for  all  the  printing, 
binding  and  other  supplies  necessary  for  said  Convention,  and  such 
contracts  shall  be  awarded  under  the  provisions  of  the  legislative 
law  regulating  legislative  printing,  so  far  as  applicable  to  the  supply 
of  the  printing,  binding  and  other  supplies  necessary  for  said 
Convention. '' 

Under  the  powers  given  by  the  provisions  of  law  above  recited, 
and  in  compliance  with  the  requirements  of  article  4,  section  71  of 
chapter  681,  of  the  Laws  ot  1892,  regulating  the  printing  of  session 
laws.  The  honorable  Secretary  of  State  and  Comptroller  on  the 
27th  day  of  November,  1893  (some  eight  months  after  the 
time  when  they  were  required  to  act)  published  a  pro- 
posal for  printing  and  binding,  and  other  supplies  neces- 
sary for  the  Constitutional  Convention,  pursuant  to  chapter  8 
of  the  Laws  of  1893,  and  that  they  would  receive  sealed  proposals 
until  the  27th  day  of  December,  1893,  at  eleven  o'clock  A.  M.,  for 
furnishing  all  the  printing,  binding  and  other  supplies  necessary 
for  the  Constitutional  Convention,  provided  for  by  that  act.  That 
thereafter  the  said  Secretary  of  State  and  Comptroller,  on  the  30th 
day  of  December,  1893  (the  last  secular  day  of  their  official  term), 
awarded  the  contract  for  furnishing  the  said  printing,  binding  and 
supplies  to  The  Argus  Company,  a  corporation  having  its  chief 
place  of  business  at  Albany,  N.  Y. 

(Copy.) 

This  agreement  made  this  thirteenth  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  ninety-three,  by 
and  between  the  People  of  the  State  of  New  York,  by  Frank  Kice, 
Secretary  of  State,  and  Frank  Campbell,  Comptroller,  acting 
under  and  by  virtue  of  an  act  of  the  Legislature  of  said  State,  being 
chapter  8  of  the  Laws  of  1893,  entitled  "  An  act  to  amend  chapter 
three  hundred  and  ninety-eight  of  the  Laws  of  eighteen  hundred 
and  ninety-two,  entitled  *  An  act  to  provide  for  a  convention  to 
revise  and  amend  the  Constitution,'  "  passed  January  27,  1893,  as 
parties  of  the  first  part,  and  The  Argus  Company,  of  the  City  ot. 
Albany,  1ST.  Y.,  party  of  the  second  part. 

Witnesseth,  That  whereas  the  said  Secretary  of  State  and 
Comptroller  having,  in  accordance  with  the  act  above  referred  to, 


CONSTITUTIONAL  CONVENTION.  173 

given  and  caused  to  be  duly  published  a  notice  that  they,  the  said 
Secretary  of  State  and  Comptroller,  would  receive  proposals  for  the 
printing  and  supplies  provided  for  arid  specified  in  said  act,  and 
the  said  party  of  the  second  part  having,  in  accordance  with  the 
provisions  of  the  said  act  and  the  terms  of  the  said  notice,  made 
and  delivered  to  the  said  Secretary  ot  State  and  Comptroller, 
bids  and  proposals  in  writing,  to  do  and  perform  the  public  print- 
ing and  furnish  supplies  specified  in  said  act,  and  which  notice  of 
said  Secretary  of  State  and  Comptroller,  and  said  bids  and  pro- 
posals in  writing  of  said  'party  of  the  second  part,  as  hereto 
annexed,  and  which,  together  with  said  chapter  8,  of  the  Laws  of 
1893,  it  is  agreed  form  a  part  of  this  agreement. 

And  the  said  printing  having  been,  on  the  30th  day  of  Decem- 
ber, 1893,  duly  awarded  by  said  Secretary  of  State  and  Comptroller 
to  the  said  party  of  the  second  part  in  accordance  with  the  provisions 
of  the  said  chapter  8  of  the  Laws  of  1893,  and  the  terms  and  speci- 
fications of  said  notice,  bids  and  proposals  hereto  annexed,  and  the 
several  covenants  and  agreements  contained  therein,  under  the 
limitation  aforesaid,  the  party  of  the  second  part  hereby  covenants, 
promises  and  agrees  to  and  with  the  party  of  the  first  part,  the 
people  of  the  State  of  N~ew  York,  that  he,  the  said  party  of  the  second 
part  will,  at  some  suitable  place  in  the  city  of  Albany  and  State 
of  New  York,  execute,  perform  and  do  with  accuracy  and  dispatch 
all  the  printing,  and  furnish  all  the  supplies  provided  for  in  said 
chapter  8  of  the  Laws  of  1893,  and  furnish  all  the  paper  and  sup- 
plies, do  all  the  folding,  binding,  collating,  stitching  and  trimming 
provided  for  in  the  said  act,  and  which  may  be  ordered  by  the  Con- 
stitutional Convention  to  be  held  under  the  provisions  of  said  act, 
and  deliver  the  same  at  the  time  and  in  the  manner,  and  at  such 
place  or  places  as  said  Convention  may  direct,  and  at  and  for  the 
particular  sum  or  sums  and  detailed  price  or  prices,  and  upon  the 
computation  and  conditions  respectively  referred  to  and  set  forth  in 
said  bids,  and  proposals  hereto  annexed. 

And  the  party  of  the  first  part,  the  People  of  the  State  of  New 
York,  agree  to  pay  as  the  consideration  or  price  for  the  work 
agreed  so  to  be  done  and  performed  and  material  furnished  by  the 
said  party  of  the  second  part  the  sum  or  sums,  price  or  prices  set 
opposite  respective  detail  items  and  specifications  of  said  work  and 


174  JOURNAL  OF  THE 

materials  aforesaid,  to  be  paid  by  the  Comptroller  upon  the  certi- 
ficate of  the  proper  officer  of  the  said  Convention  and  upon 
vouchers  in  due  form,  to  be  rendered  to  the  Comptroller. 

But  the  Comptroller  may,  in  his  discretion,  make  advances  for 
work  done  and  completed  to  his  satisfaction  and  in  all  cases  after 
due  audit  by  the  Comptroller. 

It  is  expressly  understood  and  agreed  that  the  said  party  of  the 
first  part  shall  withhold  from  such  payment  .or  payments  until  the 
completion  of  the  said  work,  such  (sum)  which  shall  equal,  as  near 
as  may  be,  fifteen  per  cent  of  such  contract-price. 

And  it  is  further  agreed  that  each  page  of  documents  or  journals 
shall  be  set  in  long  primer  type,  and  that  the  pages  shall  be  of  the 
same  size  and  contain  the  same  number  of  lines  as  the  senate 
,  documents  and  journals  of  the  year  1893. 

And  it  is  further  understood  and  agreed  that  the  paper  to  be 
used  for  the  documents  and  journals  shall  be  of  the  same  size  and 
weight  and  equal  in  quality  to  the  best  used  in  printing  the 
Senate  documents  for  1893,  and  the  paper  for  the  bills  shall  be  of 
the  same  size  and  weight  and  of  quality  equal  to  that  used  for 
Senate  and  Assembly  bills  for  1893,  and  that  the  work  in  all  respects 
as  to  type  or  otherwise,  shall  be  executed  in  the  same  manner,  as 
the  work  of  said  1893,  the  lines  in  each  section  of  the  bill  to  be 
numbered  and  with  sufficient  space  between  them  for  interline- 
ations, and  that  any  extra  copies  of  messages,  records,  reports  of 
documents  required  by  said  Convention,  shall  be  bound  by  the  said 
party  of  the  second  part  in  paper  covers  in  a  usual  manner,  unless 
otherwise  ordered  by  concurrent  resolution,  or  unless  otherwise 
provided  for  by  said  chapter  682  of  the  Laws  of  1892,  known  as 
the  Legislative  Law. 

The  manual  referred  to  in  said  chapter  8  of  the  Laws  of  1893, 
shall  be  similar  in  size  and  style  and  printed  upon  the  same  quality 
of  paper,  as  the  manual  printed  for  the  Constitutional  Convention 
of  1868,  and  it  is  hereby  further  expressly  understood  and  agreed 
that  all  the  printing  necessary  under  the  requirements  of  said  act, 
shall  be  promptly  executed,  and  should  the  Convention  at  any  time 
require  any  part  of  the  work  to  be  performed  in  extra  haste,  the 
work  thus  required  shall  be  so  done  without  extra  charge  therefor, 
and  the  usual  number  of  documents  required  by  chapter  682  of  the 


CONSTITUTIONAL  CONVENTION.  175 

Laws  of  1892,  and  all  extra  documents  for  members,  officers  and 
reporters  of  the  Convention,  not  delivered  during  the  session  of  the 
Convention,  shall  be  printed  and  delivered  to  the  Secretary  of 
State,  properly  bound  when  ordered  by  the  Convention  to  be 
bound,  and  in  laying  out  the  journals  and  documents  for  binding, 
they  shall  be  so  arranged  that  each  volume  shall  contain  not  less 
than  one  thousand  pages,  unless  with  the  written  consent  of  Secre- 
tary of  State  and  Comptroller,  and  it  is  further  understood  and 
agreed  that  this  contract  includes  cartage  and  delivery  of  books, 
blanks  and  other  printed  matter  and  supplies  at  such  places  in  the 
city  of  Albany  as  the  proper  officers  of  the  Convention  may  direct. 

And  it  is  further  understood  and  agreed  that  this  agreement 
shall  not  be  assigned  to  any  person  or  persons  without  the  written 
consent  of  the  Secretary  of  State  and  Comptroller. 

And  it  is  expressly  understood  and  agreed  that  the  Secretary  of 
State  and  Comptroller  shall  be  at  liberty  and  have  the  right  at  any 
time  to  revoke,  abrogate  or  annul  this  contract  for  failure  of  non- 
performance  as  to  any  of  its  provisions  on  the  part  of  the  party  of 
the  second  part. 

In  witness  whereof,  we,  the  Secretary  of  State  and  Comptroller 
of  the  State  of  New  York,  being  the  officers  described  in  the  statute 
referred  to,  having  power  to  award  the  contract  for  the  printing 
and  supplies  specified  in  said  act,  at  a  regular  meeting  held  by  us, 
have  hereunto  affixed  our  seals  and  set  our  hands,  the  day  and  year 

first  above  written. 

FRANK  RICE, 

Secretary  of  State. 
FRANK  CAMPBELL, 

Comptroller. 

THE  ARGUS  COMPANY, 

By  WM.  McM.  SPEER, 

Treasurer. 

In  regard  to  this  contract  it  is  to  be  said  that  your  committee  is 
informed  that  it  was  awarded  on  competitive  bids.  On  the  other 
hand,  it  apparently  is  subject  to  the  criticism  that  it  was  based  on 
tfhat  are  known  as  u  unbalanced  bids,"  that  is,  bids  at  extremely 
prices  for  printing  and  binding,  of  which  little  was  likely  to  be 


176  JOURNAL  OF  THE 

required,  and  very  remunerative  piices  for  similar  labor  and 
material,  of  which  a  large  amount  was  quite  sure  to  be  needed. 
Thus  it  will  be  observed  that  the  price  for  each  thousand  ems  of 
composition  for  bills  and  resolutions  is  nine  cents,  while  the  price 
for  each  one  thousand  ems  of  composition  of  the  same  kind  for 
journals,  documents  and  reports  of  committees  is  thirty-nine  cents. 
When  it  is  understood  that  an  average  day's  work  for  a  competent 
printer  is  about  six  thousand  ems,  the  disproportion  is  apparent. 
So  it  appears  that  the  price  for  paper,  press-work,  press- 
ing and  folding,  stitching  and  trimming  of  each  four- 
page  forms  for  640  copies  is  only  forty-two  cents, 
while  for  the  same  material  and  labor  for  719  copies  of 
eight-page  forms  $3.95  is  the  price  designated.  It  will  be  further 
noticed  that  for  the  debates,  or  record  other  than  the  Journal, 
the  price  to  be  paid  is  not  designated,  but  "  in  no  case  to  exceed  the 
lowest  value  current  in  Albany  and  in  New  York  city  at  the  time  the 
said  work  may  be  done."  At  the  time  this  contract  was  made,  it 
must  be  remembered  that  no  compilation  other  than  a  manual  had 
been  authorized,  and  of  course  the  contract  does  not  in  terms  apply  to 
printing  other  than  that  required  by  the  act  of  1893,  unless  the 
stipulation  "  to  execute,  perform  and  do  with  accuracy  and  dis- 
patch all  the  printing  and  furnish  all  the  supplies  provided  for  in 
said  chapter  8  of  the  Laws  of  1893,  and  furnish  all  the  printing 
and  supplies  and  do  all  the  folding,  binding,  collating,  stitching 
and  trimming  provided  for  in  said  act,  and  which  may  be  ordered 
by  the  Constitutional  Convention,"  is  construed  to  cover  this  addi- 
tional matter.  Your  committee  further  report  that,  subsequent  to 
the  execution  of  the  above-mentioned  contract,  and  on  the  30th 
day  of  March,  1894,  section  8,  chapter  8,  Laws  of  1893,  was 
materially  amended  whereby  the  office  of  compiler  was  created 
and  that  officer  apparently  endowed  with  very  extensive  authority 
over  the  action  of  this  Convention  in  reference  to  its  printing  and 
other  supplies. 

The  provision  of  the  amended  law,  so  far  as  it  affected  the  prep- 
aration and  publication  of  the  preliminary  compilations  of  this  Con- 
vention, is  as  follows  : 

"  It  shall  be  the  duty  of  the  Secretary  of  State,  Attorney-General 
and  Comptroller,  who  shall  be  in  office  on  the  1st  day  of  January 


CONSTITUTIONAL  CONVENTION.  177 

1894,  to  appoint  a  compiler  who  shall  cause  to  be  prepared  and 
ready  for  said  Convention,  at  the  commencement  of  its  session,  a 
suitable  manual,  two  copies  of  which  shall  be  furnished  to  members 
or  officers  of  said  Convention,  and  also  suitable  compilations  for 
reference,  to  be  supplied  in  the  sjirne  numbers  as  said  manual,  as 
early  in  the  session  of  the  said  Convention  as  possible,  and  the 
expense  of  the  said  manual  and  compilations  shall  be  audited  by 
said  State  officers  and  paid  from  the  sum  now  appropriated  for  the 
expense  of  said  Convention  by  the  Treasurer  upon  the  warrant  of 
the  Comptroller.  The  compiler  of  said  manual  shall  have  full 
charge,  direction  and  authority  of  the  indexing,  publication,  print- 
ing and  binding 'of  said  manual  and  compilations  for  reference." 

Under  the  mandate  of  this  amendment,  George  A.  Glynn  was,  on 
the  5th  day  of  April,  1894,  appointed  by  the  proper  authorities  to 
the  office  of  compiler,  as  appears  by  his  certificate  dated  in  the 
office  of  the  Secretary  of  State  on  that  day,  and  at  once  took  upon 
himself  the  duties  and  burdens  of  his  office. 

It  will  be  noticed  that  the  original  act  only  provided  for  the 
preparation  of  a  mtytiual,  while  the  amended  act  included  as  well 
"suitable  compilations  for  reference"  without  further  limitation  or 
definition. 

Under  the  apparent  authority  there  conferred  your  committee 
are  informed  by  the  compiler  that  he  has  prepared,  printed  and 
published,  or  is  about  to  publish,  under  the  contract  with  The 
Argus  Company,  the  following  octave  volumes,  bound  uniformly 
in  half  Morocco  and  of  the  character  and  size  herein  indicated,  viz.: 

Delegates'  Diary 171  pages. 

Delegates'  pictures  and  sketches  (estimated) 300  pages. 

Secretary's  Manual 447  pages. 

Constitutions  of  other  States  of  the  Union  (2  vols.). .  2,  621  pages. 

New  York  State  Constitution  annotated  (estimated).  750  pages. 
Constitutions  of  South  American  and  Continental 

States  (estimated) 650  pages. 

Statistics  (estimated) 1 , 100  pages. 

12 


178  JOURNAL  OF  THE 

Of  these  eight  volumes,  containing  in  the  aggregate  some  6,000 
pages,  four  volumes  are  ready  for  delivery,  three  others  will  be 
finished  within  a  week ;  and  the  remaining  volume,  that  relating 
to  statistics,  owing  to  the  difficulty  in  securing  prompt  responses  to 
inquiries  for  information,  will  be  delayed  for  about  three  weeks,  as 
your  committee  is  advised  by  the  compiler.  That  the  number 
of  each  series  ordered  thus  far  is  understood  to  be  seven  hundred 
and  nineteen  copies. 

Your  committee  further  reports  that  the  aggregate  approximate 
cost  of  these  volumes,  as  estimated  by  The  Argus  Company,  is 
seventeen  thousand  dollars,  exclusive  of  the  expenses  of  compiling 
the  same.  That  your  committee  have  no  satisfactory  means  of 
verifying  this  estimate  except  by  a  comparison  with  the  items  of  a 
bill  heretofore  rendered  to  the  compiler  by  The  Argus  Company 
for  the  Delegate's  Diary  and  the  Secretary's  Manual,  which  vol- 
umes are  now  in  the  hands  of  the  delegates ;  the  following  is  a 
copy  of  such  account: 

STATE  OF  NEW  YORK. 
To  the  Argus  (Jompany,  Dr. : 

Delegate's  Diary. 

To  188,602  ems  plain  comp.,  at  39  cts $73  55 

To  98,532  ems  R.  and  F.  cornp.,  at  78  cts 76  85 

Interleaving  with  linen  ruled. 

To  writing  paper 1 64  50 

To  paper,  press-work,  etc.,   22    signatures,    at 

$3.95 86  90 

To  inserting  blank  pages , 12  00 

To  changing  title  pages 20  00 

To  binding  in  half  Morocco  [with  title  coat  of 

arms,    and   names   separately  stamped    in 

gold,  full  series  of  [extra  fine  copies  for 

delegates  and  officials 970  65 

•         "**     qp  1  •  TTV/T      jT** 


CONSTITUTIONAL  CONVENTION.  179 

Secretary's  Manual. 

To  627,792  ems  plain  comp.,  at  39  cts $244  83 

To  133,722  ems  K.  and  F.  comp.,  at  78  cts 104  30 

To    paper,   press-work,   etc.,   56  signatures,    at 

$3.95 221  20 

To  frontispiece  of  Capitol  on  cut  paper 45  00 

To  inserting  blank  pages 12  00 

To  blue  leaves  inserted  by  hand. 31  55 

To  interleaving  with  writing  paper '  15  80 

To  inserting  tw.o  erratas 14  00 

To  composition,  printing  and  tipping  in  new 

title  pages  and  pages  5,  6,  11  and  419 68  25 

To  binding  in  half  Morocco,  with  title  and  coat 

of  arms,  and  names  separately  stamped  in 

gold,  full  series  of    extra  fine  copies  for 

delegates  and  officials 970  65 

$1,725  58 


$3,132  03 

Taking  into  consideration  the  charges  in  the  above  account  in 
connection  with  the  cost  of  engraving  contracted  for  by  the  com- 
piler, your  committee  is  of  the  opinion  that  the  aggregate  expense 
of  the  eight  volumes  ordered  will  be  ndt  less  than  $20,000  and  not 
more  than  $25,000,  not  including,  however,  the  cost  of  compila- 
tion. For  the  purpose  of  comparison  your  committee  further 
reports  that  the  total  cost  of  the  printing  and  binding  the  manual 
and  volume  of  tabulated  statistics,  ordered  by  the  Constitutional 
Convention  of  1867,  was  $6,638.12.  That  the  manual  referred  to 
was  an  octavo  volume  of  586  pages  containing  the  Constitution  of 
the  then  thirty-seven  States  of  the  Union.  That  the  statistical 
volume  contained  462  pages  and  was  largely  made  up  of  what  is 
called  in  The  Argus  Company's  abstract  "  rule  and  figure  compo- 
sition," which  is  of  about  twice  the  expense  of  ordinary  printing. 

Your  committee  further  reports  that  by  a  further  clause  of  the 
Amendatory  Act,  before  alluded  to,  it  was  provided  that :  "  Said 
compiler  shall  further  have  full  charge  to  direct  and  to  authorize, 
and  at  times  to  be  fixed  by  said  Convention  and  in  conformity 


180  JOURNAL  OF  THE 

with  the  contract  heretofore]  entered  into^by^the  Comptroller  and 
Secretary  of  State  on  behalf  of  the  State,  the  indexing,  publica- 
tion, printing  and  binding  of  the  documents,  proceedings,  Journal 
and  other  printing  and  publications  of  said  Convention,  during  and 
after  the  close  thereof,  and  the  expense  thereof  shall  be-  certified 
by  him  to  the  Comptroller,  and  after  being  audited  by  the  Comp- 
troller shall  be  paid  out  of  any  moneys  appropriated  for  the  Con- 
vention, said  compiler  and  the  present  deputy  appointed  by  him 
shall  hold  office.until  the  above-described  work  is  completed." 

On  the  fifth  day  of  April,  eighteen  huhdied  and  ninety -four, 
the  compiler,  claiming  to  act  under  the  authority  of  the  statute, 
entered  into  a  contract  with  the  Albany  Evening  Journal,  and  also 
with  The  Argus  Company,  each  being  corporations,  publishing  daily 
newspapers  at  Albany,  N.  Y.,  for  the  publication  daily  (excepting 
Sundays)  of  a  verbatim  report  of  the  proceedings  of  this  Convention, 
that  the  rates  stipulated  were  in  sabstance  the  statutory  rates  for 
legal  printing,  that  is  to  say,  seventy-five  cents  per  folio  of  one 
hundred  words.  The  following  is  a  copy  of  one  of  said  contracts, 
the  two  being  similar  in  terms  : 

Memorandum  of  an  agreement,  made  this  5th  day  of  April 
1894,  between  George  A.  Glynn,  compiler  of  the  manual  of  the 
Constitutional  Convention  of  the  State  of  New  York,  of  the  first 
part,  and  the  Journal  Cojnpany,  a  corporation  publishing  an  even- 
ing paper  in  the  City  of  Albany,  of  the  second  part. 

Whereas,  The  party  of  the  first  part  has  been  by  law,  given  full 
charge,  direction  and  authority,  to  direct  and  to  authorize,  upon 
conditions  to  be  fixed  by  said  Convention,  the  publication  and 
printing  of  the  documents,  proceedings,  journals  and  other  printing 
and  publications  of  said  Convention,  during  and  after  the  close 
thereof : 

Now,  therefore,  the  said  party  of  the  first  part,  in  pursuance  of 
the  power  and  authority  vested  in  him  by  law,  as  aforesaid,  do 
direct  and  authorize  the  said  party  of  the  second  part,  to  print  and 
publish  daily  (except  Sundays)  in  its  said  newspaper,  a  full  report  of 
the  proceedings  and  debates  of  said  Convention,  upon  conditions 
to  be  fixed  by  said  Convention,  at  the  rates  now  fixed  by  law  for 
the  publication  of  legal  notices  in  the  State  paper. 


CONSTITUTIONAL  CONVENTION.  181 

And  the  said  party  of  the  second  part,  in  consideration  of  the 
said  designation,  direction  and  authority,  hereby  agrees  to  print 
and  publish  in  its  said  newspaper  daily  (except  Sunday),  upon  con- 
ditions to  be  fixed  by  said  Convention,  a  full  report  of  said  pro- 
ceedings and  debates,  as  the  same  may  be  furnished  to  it  at  the 
rates'  above  mentioned. 

In  witness  whereof,  the  parties  hereto  above  mentioned,  have 
hereunto  set  their  hands  and  seals,  the  said  the  Journal  Company, 
its  corporate  seal,  by  William  Barnes,  Jr.,  its  president,  the  day  and 
year  first  above  written. 

GEORGE  A.  GLYNN, 

Compiler  of  the  Manual  and  Proceedings  of  the  Constitutional 
Convention  of  the  State  of  New  York. 

THE  JOURNAL  COMPANY, 

By  WILLIAM  BARNES,  JK., 

President. 
igned,  sealed  and  delivered  in  presence  of 

M.  Y.  DOLAN. 

ALBANY,  December  27,  1893, 

To  the  Honorable  Secretary  of  State  and  the  Comptroller  : 

The  Argus  Company,  a  domestic  corporation  with  its  principal 
place  of  business  at  the  south-west  corner  of  -Broadway  and  Beaver 
street,  in  the  city  of  Albany,  propose  to  do  all  the  public  and 
Constitutional  Convention  printing  and  binding,  and  all  the  work 
connected  therewith,  and  to  furnish  all  stationery  and  all  other 
supplies  which  may  be  required  for  the  State  of  New  York,  at  the 
prices  and  on  the  conditions  herein  named,  and  agree  to  comply 
fully  with  the  requirements  of  law  relating  to  the  public  or  Consti- 
tutional Convention  printing,  and  in  quantity,  quality  and  manner 
set  forth,  described  and  provided  in  the  advertisement  or  notice 
calling  for  proposals  for  said  printing,  namely  : 

For  each  thousand  ems  of  composition  for  bills $0  09 

And   for  paper,   press-work,  pressing,  folding,  stitching 

and  trimming  of  each  four  pages  for  640  copies 42 

For  each  additional  100  copies  thereof,  for  paper,  press- 
work,  pressing,  folding,  stitching  and  trimming  for  each 
signature  of  four  pages,  when  ordered  by  statute 40 


182  JOURNAL  OF  THE 

For  each  1,000  ems  of  composition  of  resolutions $0  09 

And  for  paper,  press-work,   printing,    folding,  stitching 

and  trimming,  of  each  four  pages  for  640  copies 42 

And  for  each  additional  100  copies  thereof,  for  paper, 
press-work,  pressing,  folding,  stitching  and  trimming, 
and  for  each  signature  of  four  pages  when  ordered  by 
statute 40 

Journals,  documents,  messages  from  the  Governor,  reports  of  stand- 
ing or  select  committees,  and  the  testimony  taken  before  such  com- 
mittees when  ordered  to  be  printed,  arid  reports  and  communica- 
tions made  in  pursuance  of  the  law,  or  of  a  resolution  of  the 
Convention  at  the  prices  following  : 

For  one  thousand  ems  of  plain  matter $0  39 

For  each  thousand  ems  of  ruled  or  rule  arid  figure  com- 
position    78 

For  the  paper,  press-work,  pressing,  folding,  stitching  and 
trimming,  of  each  signature  of  eight  pages,  for  719 

copies $3  95 

And  for  the  paper,  press-work,  pressing,  folding,  stitching 
and  trimming  of  each  additional  100  copies  of  journals 
or  documents,  for  each  signature  of  eight  pages 80 

When  extra  copies  of  messages  from  the  Governor,  reports  of 
standing  or  select  committees,  reports  and  communications  made  in 
pursuance  of  the  law,  or  of  a  resolution  of  the  Convention,  are 
ordered  by  statute  to  be  printed  and  bound,  the  price  for  binding 
to  be  as  follows  : 
For  bimjing  in  paper  covers,  extra  copies  of  reports  ordered 

as  above  set  forth,  per  copy $0  00£ 

For  binding  in  cloth  extra  copies  of  reports,  ordered  as 

above  set  forth,  per  copy '  IS 

And  for  engraving  on  stone,  steel  or  wood,  and  printing  maps 
plans  and  illustrations  including  cutting,  folding  and  pasting  the 
same,  and  for  stationery  and  supplies,  and  for  binding,  except  as 
specified  above,  and  for  any  further  work,  and  including  the  print- 
ing of  the  dates  or  a  daily  report  or  record  other  than  the  Journal, 
the  price  to  be  paid  shall  in  no  case  exceed  the  lowest  rate  current 


CONSTITUTIONAL  CONVENTION.  183 

for  work  of  the  desired  quality  in  Albany  and  New  York  city  at 
the  time  the  said  work  may  be  done. 

THE  ARGUS  COMPANY, 

Per  WM.  McM.  SPEEK, 

Treasurer. 

That  in  accordance  with  such  arrangement  the  above-mentioned 
newspapers  have,  since  the  beginning  of  this  Convention,  been 
engaged  in  publishing  a  report  of  its  proceedings  in  their  respec- 
tive issues,  that  the  reports  are  supplied  to  such  newspapers  by  the 
private  stenographer  employed  by  the  compiler  at  the  rate  of 
twenty  cents  per  folio,  that  a  column  of  each  of  said  newspapers 
will  contain,  on  the  average,  about  sixteen  folios  of  printed  matter 
and  the  debates  and  proceedings  of  a  day  will  average  at  least 
twelve  columns,  assuming  that  the  Convention  will  sit  until  Sep- 
tember fifteenth,  a  conclusion  may  be  obtained  from  this  data  ot 
the  approximate  cost  of  this  publication  to  the  State,  which,  in  the 
opinion  of  your  committee,  will  exceed  twenty  thousand  dollars 
for  both  papers.  It  may  be  added  that  the  price  at  which 
the  like  service  was  rendered  in  the  same  newspapers  to  the 
Convention  of  1867,  was  $6.50  per  column.  The  only  other 
printing  of  any  considerable  amount  authorized  by  the  compiler, 
so  far  as  the  same  has  come  to  the  knowledge  of  your  committee, 
is  the  verbatim  report  of  your  proceedings  daily  placed  on  the  files 
of  the  delegates.  The  cost  of  this  printing  is  governed 
by  that  provision  of  the  contract  with  The  Argus 
Company,  which  stipulates  that  the  price  for  printing 
debates  or  a  daily  report  shall  in  no  case  exceed  the  lowest 
rates  for  work  of  the  desired  quality  in  Albany  and  in  New  York 
city  at  the  time  the  said  work  may  be  done.  So  far  as  the  Con- 
vention itself  is  concerned,  it  has  authorized  very  little  printing, 
axcept  that  directed  by  its  general  rules,  which  provides  for  print- 
ing the  Journal,  proposed  amendments  to  the  Constitution  and  the 
reports  of  the  committees  on  constitutional  revision. 

In  view  of  the  comments  that  have  already  been  made  in  the 
public  press  as  to  the  extravagant  amount  of  printing  ordered  for 
•;he  use  of  this  Convention,  your  committee  have  deemed  it  advisable 


184  JOURNAL  OF  THE 

to  fully  inform  the  Convention  as  to  the  drafts  that  have  been  made 
and  likely  to  be  made  upon  its  appropriation  for  this  single  item. 

They  also  deem  it  of  the  first  importance  that  the  people  of  the 
State  shall  fully  understand  that  no  responsibility  for  the  present 
condition  of  affairs  can  be  fairly  charged  to  the  officers  or  members 
of  this  Convention.  Those  expenditures  have  been  incurred  by 
authority  derived  directly  from  the  Legislature  and  exercised  indepen- 
dently of  this  Convention  and  without  reference  to  its  wishes.  This 
attempt  to  control  the  powers  of  this  Convention  by  the  Legisla- 
tive branch  of  the  State  government  will  doubtless  receive  atten- 
tion, but  is  without  the  province  of  your  committee. 

The  recommendation  of  the  committee  is  : 

1.  That  the  compiler  be  required  not  to  authorize  or  direct  any 
further  expenditures  for  printing  or  supplies  without  the  order  of 
this  Convention  or  the  President  or  Secretary  thereof. 

2.  That  the  publication  of  the  proceedings  of  this  Convention  in 
The  Argus  and   the    Albany  Evening  Journal  should  be  discon- 
tinued,   in   case   the  Convention  deems   it    has   authority   in   the 
premises. 

3.  That  the  future  publications  of  the  Convention  should  be  in 
less  expensive  binding. 

4.  That  two  special  stenographic  reports  of  the  proceeding  and 
debates  of  the  Convention  are  unnecessary,  and  that  the  official 
report  should  be  used  for  all  purposes. 

F.  H.  HAMLIN, 

Chairman. 

On  motion  of  Mr.  Hamlin,  and  by  unanimous  consent,  the 
report  was  amended  as  follows: 

On  page  9,  line  26,  strike  out  the  words  "  and  at  times,"  and 
insert  in  lieu  thereof  the  words,  "upon  conditions." 

Page  13,  line  34,  strike  out  the  word  "  fully  "  and  insert  in  lieu 
thereof  the  word  "  entirely." 

Also,  to  transfer  all  of  page  11,  commencing  with  the  word 
"Albany,"  on  line  11,  down  to  and  including  the  word  "Treas- 
urer," on  line  34,  page  12,  to  page  5,  after  word  "  Treasurer,"  on 
line  29. 


CONSTITUTIONAL  CONVENTION.  185 

Mr.  Kellogg  offered  the  following  resolution : 

Resolved,  That  the  report  of  the  Committee  on  Printing  be 
referred  to  the  Judiciary  Committee  of  this  Convention,  for  its 
opinion  as  to  whether,  under  the  law  by  which  said  contract  was 
made,  and  the  compiler  so  appointed  is  doing  his  work,  the  Con- 
vention has  any  authority  to  discontinue  work  under  that 
contract,  or  control  the  compiler  in  the  performance  of  his  duties 
under  the  law. 

Mr.  Hirschberg  moved  to  amend  by  adding  at  the  end  thereof 
the  following: 

By  Mr.  Hirschberg: 

That  the  Judiciary  Committee  be  instructed  to  report  to  the 
Convention  Friday,  definitely,  upon  the  powers  and  responsi- 
bilities of  the  Convention  on  the  subject  of  printing. 

Mr.  Kellogg  accepted  the  amendment. 

Mr.  President  put  the  question  on  said  resolution,  as  amended, 
and  it  was  determined  in  the  affirmative. 

Mr.  Hamlin,  from  the  Committee  on  Printing,  reported  as 
follows : 

The  Committee  on  Printing,  to  whom  was  referred  the  subject- 
matter  contained  in  the  following  resolution,  offered  by  Mr. 
Becker,  viz. : 

"Resolved,  That  the  Committee  on  Printing  ascertain  and 
report  on  the  second  legislative  day  of  next  week  the  propriety 
of  furnishing  a  daily  report  of  the  proceedings  of  this  Convention 
to  each  of  the  daily  newspapers  printed  in  this  State,  and  the 
estimated  expense  thereof.  And  that  the  committee  also  report 
as  to  the  printing  and  binding  of  five  hundred  copies  of  the 
debates  of  the  Convention,  to  be  distributed  in  the  manner  and 
to  the  persons  named  in  Kule  71." 

Do  hereby  respectfully  report: 

First  —  That  it  is  the  opinion  of  the  committee  that  to  print 
and  send  out  the  Journal  as  provided  for  by  the  foregoing  resolu- 
tion, will  cost  about  t,vo  thousand  dollars,  and  that,  included 
with  other  printed  matter  therein  referred  to  will  cost  from  six 
to  ten  thousand  dollars;  that  in  view  of  that  expenditure  of 


186  JOURNAL  OF  THE 

money,  this  committee  does  not  feel  justified  in  recommending 
the  adoption  of  that  portion  of  said  resolution. 

Second  —  This  committee  does  further  report:  That  the 
printing  of  one  thousand  copies  of  the  verbatim  reports  of  the 
proceedings  and  debates  be  continued,  and  that  five  hundred  of 
said  one  thousand  copies  be  bound  in  plain,  substantial  binding, 
for  distribution  as  provided  for  and  in  the  same  manner  as 
provided  by  Rule  71,  for  the  distribution  of  the  Journal  and 
reports  of  committees. 

Mr.  Becker  moved  to  lay  said  report  on  the  table. 
Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 
Mr.  Becker  moved  that  said  report  be  printed. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  designated  the  following  additional  reporters 
under  Eule  2: 

Thomas  Wallace,  Cohoes  Evening  Dispatch;  Harold  W.  Cole, 
Albany  Evening  Post. 

On  motion  of  Mr.  Hirschberg,  at  11.35,  the  Convention 
adjourned. 


Thursday,  June  7,  1894. 
The  Convention  met  pursuant  to  adjournment 
Prayer  by  Eev.  GL  M.  Heindel. 

The  Journal  of  Wednesday,  June  sixth,  was  read  and  apporved. 

Mr.  President  presented  the  petition  of  many  citizens  of  the 
State,  asking  that  the  selection  of  State  and  city  officers  and 
employes  shall  be  based  upon  merit. 

Kef  erred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

Mr.  Lester  presented  the  petition  of  citizens  of  Saratoga  county, 
asking  that  certain  religious  institutions  be  subject  to  the  inspec- 
tion of  a  committee  appointed  by  the  Governor. 

Referred  to  the  Committee  on  Charities. 


CONSTITUTIONAL  CONVENTION.  187 

Mr.  Wellington  presented  the  petition  of  the  Hamilton 
Woman's  Indian  Association,  asking  for  the  education  of  Indians. 

Referred  to  the  Committee  on  the  Kelations  of  the  State  to 
the  Indians. 

Mr.  Parker  presented  the  petition  of  the  citizens  of  the  State 
against  public  appropriations  to  sectarian  institutions. 

Referred  to  the  Committee  on  Charities. 

Mr.  Holls  presented  a  memorial  and  petition  of  the  !New  York 
East  Conference  of  the  M.  E.  Church,  against  sectarian 
appropriations. 

Referred  to  the  Committees  on  Charities  and  Education. 

Also,  the  memorial  and  petition  of  the  annual  conference  of 
the  M.  E.  Church  against  sectarian  appropriations. 
Referred  to  the  Committees  on  Charities  and  Education. 

Mr.  Barhite  presented  statistics  of  property  assessed  to  women 
in  the  State,  of  New  York  outside  of  New  York  city. 
Referred  to  the  Committee  on  Suif rage. 

Mr.  President  presented  a  communication  from  the  Secretary 
of  State  in  response  to  a  resolution  of  the  Convention. 

Hon.  Joseph  H.  Choate,    President    Constitutional    Convention, 
Albany,  N.  Y.: 

Sir. — This  office  is  in  receipt  of  the  following  resolution  of 
your  body; 

Resolved,  That  the  Secretary  of  State  be  requested  to  furnish 
to  the  Convention  all  printed  and  written  information  as  to  the 
condition  of  litigation  and  business  of  courts,  which  was  laid 
before  the  Judiciary  Commission  of  1890. 

In  response  thereto,  I  have  the  honor  to  say  that  this  office 
contains  no  printed  or  written  information  as  to  the  condition 
of  litigation  and  business  of  courts  which  was  laid  before  the 
Judiciary  Commission  of  1890.  Through  the  secretary  of  that 
commission,  we  are  informed  that  all  papers  and  documents  were 
submitted  to  the  Legislature  of  1891,  and  copies  of  the  same  were 


188  JOURNAL  OF  THE 

furnished  the  State  Bar  Association,  also  the  Bar  Association  of 
the  City  of  New  York. 

Respectfully  yours, 

ANDREW  DAVIDSON, 

Deputy  Secretary  of  State. 

Referred  to  the  Committee  on  Judiciary. 

Mr.  Andrew  Frank  offered  a  resolution  in  words  following: 
Resolved,  That  the  chairman  of  the  several  standing  com- 
mittees, instead  of  making  verbal  announcement  of  time  of 
meeting  of  their  several  committees,  be,  and  are  hereby  requested, 
to  hand  said  announcements  to  the  Secretary  in  writing.  The 
same  to  be  read  by  him  in  the  regular  order  of  business. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  A.  H.  Green  called  up  the  resolution  offered  by  him  in 
words  following: 

Resolved,  That  a  committee  of  five  be  appointed  to  consider 
and  report  to  the  Convention  what  action,  if  any,  is  desirable  for 
the  Convention  to  take  for  improving  the  method  of  transferring 
and  dealing  with  titles  to  and  interest  in  lands  of  this  State. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  A.  H.  Green  offered  a  resolution  in  words  following: 

Resolved,  That  it  be  referred  to  an  appropriate  committee  to 
report  to  the  Convention  what,  if  any,  amendment  should  be 
made  to  the  Constitution  to  restrain  the  Legislature  from  grant- 
ing to  or  conferring  upon  corporations  or  individuals  privileges, 
rights,  or  licenses  to  divert  the  waters  of  the  upper  Niagara 
river  or  any  portion  thereof  from  their  natural  channel,  and 
that  said  committee  in  their  report  inform  the  Convention  of 
their  rights  and  'privileges  heretofore  granted  and  the  particulars 
and  extent  thereof  and  the  consideration  therefor. 

Referred  to  the  Committee  on  Legislature,  its  Powars  and 
Duties. 

Mr.  A.  H.  Green  offered  a  resolution  in  words  following: 

Whereas,  Many  of  the  companies  owning  and  operating  si  net 
railways  in  the  cities  of  New  York  and  Brooklyn  and  deriving 


CONSTITUTIONAL  CONVENTION.  189 

therefrom  very  large  profits  and  advantages,  and  there  is  good 
reason  to  believe  that  from  want  of  proper'  supervision  on  the 
part  of  these  companies  and  of  the  cities,  not  only  for  the 
accommodations  offered  by  these  railways  inadequate  and  far 
behind  the  needs  of  the  people,  but  that  there  follows  a  frequent 
loss  of  human  life;  and, 

Whereas,  The  rates"  of  fare  charged  afford  in  many  instances 
extravagant  profits  to  the  companies,  owing  to  the  franchises  of 
these  railways,  which  are  believed  to  be  in  excess  of  those  of 
cities  of  less  magnitude,  and  in  the  interests  of  the  people  ought 
to  be  reduced,  and  can  be  reduced,  and  yet  leave  to  these  com- 
panies largely  remunerative  returns  for  their  outlay;  and, 

Whereas,  The  avails  from  the  franchises  to  operate  railways 
in  said  cities,  and  for  other  objects,  would,  if  they  were  properly 
disposed  of,  very  greatly  reduce  the  burden  of  taxation, 

Therefore,  To  enable  the  Convention  to  devise  just  and  proper 
measures  to  effect  a  reformation  of  the  abuses  and  insufficiencies, 
if  any,  of  the  street  railway  service  in  the  said  cities,  it  is 

Resolved,  That  the  mayors  of  the  cities  of  New  York  and 
Brooklyn  be  requested  to  communicate  to  this  Convention  a 
statement,  showing  the  names  of  all  the  companies  owning,  or 
claiming  to  own,  or  operating  surface  or  elevated  railways  in  said 
cities ; 

The  amount  of  the  capital  stock  of  said  companies,  respectively. 

The  amount  of  bonds  issued  by  said  companies,  respectively. 

The  cost  of  said  railways,  respectively. 

The  line  and  route  operated  by  these  railways,  respectively. 

The  amount  of  fees,  licenses  or  percentages  paid  annually  to 
the  said  city  by  each  of  said  companies. 

The  total  amount  of  such  percentages,  fees  or  licenses  paid  to 
the  city  of  New  York  by  the  Metropolitan  Traction  Company. 

The  names  of  foreign  corporations  leasing  or  operating  rail- 
ways in  said  cities. 

The  amount  of  fees,  licenses  or  percentages  due  to  the  said 
cities,  respectively,  by  said  companies,  respectively,  and  the 
length  of  time  they  have  remained  unpaid. 

The  amount  paid,  or  agreed  to  be  paid  by  any  of  said  com- 
panies on  a  change  of  its  motive  power. 

The  present  market  price  of  the  stock  of  said  companies, 
respectively. 


190  JOUENAL  OF  THE 

And  whether  the  rights,  privileges  or  franchises  of  said  com- 
panies, respectively,  were  obtained  from  the  Legislature  or  from 
the  city  authorities. 

Eeferred  to  the  Committee  on  Cities. 

Mr,  Parmenter  was  granted  leave  of  absence  for  two  days. 

Mr.  I.  S.  Johnson  offered  a  resolution  in  words  following: 

Eesolved,  That  as  early  as  convenient,  the  Secretary  prepare 
and  have  printed  an  index  of  the  proposed  amendments  intro- 
duced, showing  in  proper  columns: 

1.  The  number  of  the  proposed  amendment. 

2.  The  section  and  article  of   the   Constitution    amended,  if   an 
amendment  of  any  article  of  the  present  Constitution ;  if  not,  that 
it  be    designated  "  new." 

3.  The  subject  of  the  proposed  amendment. 

4.  The  committee  to  whom  referred. 

And  that  he  have  authority  to  require  the  assistance  of  any 
of  the  clerks  of  this  Convention,  when  not  otherwise  engaged  in 
official  duties. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Becker  asked  and  obtained  leave  of  absence  from 
to-morrow's  session. 

Mr.  Forbes  offered  a  resolution  in  words  following: 

Resolved,  That  the  announcement  of  committee  meetings  made 

by   the   Secretary  be   reduced   to    writing  and  posted  by  him  in 

front  of  his  desk. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

173.— Mr.  Tucker  presented  a  proposed  amendment  to  article 
7  of  the  Constitution,  prohibiting  the  creation  of  an  interest- 
bearing  debt  by  the  State. 

Referred  to  Committee  on  State  Finances  and  Taxation. 
174.— By  Mr.  Deyo: 

Proposing  amendment  to  the  judiciary  article  of  the  Constitu- 
tion, relative  to  appeals  to  the  Court  of  Appeals. 

Referred  to  Committee  on  Judiciary. 


CONSTITUTIONAL  CONVENTION.  191 

175. — By  Mr.  Wiggins: 

Proposing  amendment  to  the  Constitution  to  prohibit  the 
election  of  officers  of  cities  by;  or  in  the  name  of  any  political 
party. 

Eeferred  to  Committee  on  Cities. 
176.— By  Mr.  Maybee: 

Proposing  amendment  to  article  2,  section  1  of  the  Constitu- 
tion, relating  to  the  qualifications  of  voters. 
Keferred  to  Committee  on  Suffrage. 

177.— By  Mr.  Roche: 

Proposing  amendment  to  the  Constitution,  by  adding  an  article 
relative  to  the  distribution  of  the  powers  of  government. 
Referred  to  the  Committee  on  Preamble. 

178.— By  Mr.  C.  B.  McLaughlin: 

Proposing  amendment  to  article  6,  section  13  of  the  Constitu- 
tion, relative  to  the  compensation  of  judges  of  the  Court  of 
Appeals  and  justices  of  the  Supreme  Court. 

Referred  to  Committee  on  Judiciary. 

179.— By  Mr.  McArthur: 

Proposing  amendment  to  article  6,  section  15  of  the  Constitu- 
tion, relative  to  County  Courts. 
Referred  to  the  Committee  on  Judiciary. 

180. — Also,  proposing  amendment  to  article  6,  section  21  of 
the  Constitution,  relative  to  judges  practicing  law. 
Referred  to  the  Committee  on  Judiciary. 

181.— By  Mr.  Moore: 

Proposing  amendment  to  the  Constitution  by  adding  a  section 
to  article  2,  relating  to  the  qualification  of  voters. 
Referred  to  Committee  on  Suffrage. 

182.— By  Mr.  Marshall: 

Proposing  amendment  to  the  Constitution  by  substituting  for 
article  6  a  new  article  relating  to  the  judiciary. 
Referred  to  the  Committee  on  Judiciary. 


192  JOURNAL  OF  THE 

183.— By  Mr.  Hill: 

Proposing  amendment    to    article    2,  section    5    of    the    Con- 
stitution, relating  to  the  manner  of  elections. 
Referred  to  the  Committee  on  Judiciary. 

Mr.  President  announced  the  following  committee  called  for 
in  the  resolution  of  Mr.  A.  H.  Green,  relating  to  land  titles: 

Mr.  A.  H.  Green,  Mr.  Riggs,  Mr.  Wellington,  Mr.  Arnold,  Mr. 
Tibbetts. 

Mr.  McClure  offered  a  resolution  in  words  following : 
Resolved,  That  it  is  the  sense  of  this  body  that  attendance 
by  members  at  its  sittings,  which  proper  performance  of  duty 
requires  of  them,  should  be  considered  by  the  courts  of  this 
State  as  a  sufficient  reason  for  the  postponement  of  the  trial  of 
a  cause  in  which  such  member  is  an  attorney  for  either  party, 
or  counsel  employed  by  either  party. 

Mr.  Cookinham  moved  to  lay  the  resolution  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  negative. 

Leave  of  absence  was  granted  to  Mr.  McClure  and  Mr.  Holcomb 
from  the  session  of  to-morrow. 

On  motion  of  Mr.  Root,  at  11.08,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION.  193 

Friday,  June  8,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Kev.  A.  K.  Duff. 

The  Journal  of  Thursday,  June  seventh,  was  read  and  approved. 

Mr.  President  presented  the  petitions  of  many  citizens  of  the 
State,  asking  that  the  selection  of  State  and  city  officers  and 
employes  shall  be  based  upon  merit. 

Referred  to  the  Committees  on  Governor  and  State  Officers  and 
Legislature,  its  Powers  and  Duties. 

Mr.  Holls  presented  the  seven  petitions  of  the  American  Bap- 
tist Education  Society  against  sectarian  appropriations. 
Referred  to  the  Committees  on  Education  and  Charities. 

Mr.  Platzek  presented  the  petition  of  certain  citizens,  asking 
that  the  selection  of  State  and  city  officers  and  employes  shall 
be  based  upon  merit. 

Referred  to  the  Committees  on  Governor  and  State  Officers  and 
Legislature,  its  Powers  and  Duties. 

Mr.  Mclntyre  presented  a  petition  of  citizens  of  the  Twenty- 
second  Senatorial  district,  asking  the  prohibition  of  sectarian 
appropriations. 

Referred  to  the  Committees  on  Education  and  Charities. 

Mr.  Fuller  presented  a  petition  from  the  Twenty-fifth  district 
on  the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 

Mr.  Francis  presented  a  petition  from  the  Eighteenth  district 
on  the  same  subject. 

Referred  to  the  Committee  on  Education. 

Mr.  Lauterbach  presented  six  petitions  of  citizens  of  New  York 
and  Brooklyn  on  the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 

Mr.  Jacobs  presented  the  petition  of  citizens  of  New  York  and 
Brooklyn  on  the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 
13 


194  JOURNAL  OF  THE 

Mr.  McLaughlin  presented  a  petition  from  the  Twenty-first  dis- 
trict on  the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 

Mr.  Maybee  presented  a  petition  from  the  Seventeenth  district 
on  the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 

Mr.    Foote  presented  a  petition   from    the   Twenty-eighth    dis- 
trict on  the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 

< 

Mr.  Wellington  presented  a  petition  from  the  Twenty-fourth  dis- 
trict on  the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 

Mr.    Parker   presented   a   petition    from  the   Twenty-ninth   dis- 
trict on  the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 

Mr.  E.  A.  Brown  presented  a  petition  from  the  Twentieth  dis- 
trict on  the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 

Mr.  Cookinham  presented  a  petition  from  the  Twenty-third  dis- 
trict on  the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 

Mr.  O'Brien  presented  a  petition  from  Cayuga  county  on  the 
same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 

Mr.  Countryman  presented  a  petition  from  the  Nineteenth  dis- 
trict on  the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 


Mr.   Dean   presented    a  petition  from  the  Twenty-seventh  and 
Twenty-eighth  districts  on  the  same  subject. 
Referred  to  the  Committees  on  Charities  and  Education. 

Mr.  Hill  presented  a  petition  from  the  Thirtieth  and  Thirty-first 
districts  on  the  same  subject. 
Referred  to  the  Committees  on  Charities  and  Education. 


CONSTITUTIONAL  CONVENTION.  195 

Mr.  Tibbetts  presented  a  petition  from  the  Twenty-sixth,  district 
on  the  same  subject. 

Keferred  to  the  Committees  on  Charities  and  Education. 

Mr.  Gibney  presented  a  petition  from  Brooklyn  on  the  same 
subject. 
Keferred  to  the  Committees  on  Charities  and  Education. 

Mr.  Durfee  presented  two  petitions  of  citizens  of  Wai  worth 
on  the  same  subject. 
Keferred  to  the  Committees  on  Charities  and  Education. 

Mr.  Hedges  presented  a  petition  from  the  Sixteenth  district  on 
the  same  subject. 

Referred  to  the  Committees  on  Charities  and  Education. 

Mr.  President  presented  a  petition  of  citizens  of  Brooklyn  on 
the  same  subject. 
Keferred  to  the  Committees  on  Charities  and  Education. 

A  petition  was  also  presented  from  the  First  and  Sixth  districts 
on  the  same  subject. 
Referred  to  the  Committees  on  Charities  and  Education. 

Mr.  Root  moved  that  the  Sergeant-at-Arms  be  directed  to  remove 
from  the  files  Document  No.  9,  and  cause  to  be  placed  on 
the  files  a  copy,  correctly  printed,  as  relates  to  Rule  44,  subdi- 
vision 6,  so  that  it  shall  read  "6.  Postpone  indefinitely,  not 
amendable,  but  debatable." 

Mr.  Hirschberg  moved  to  substitute  the  following:  "That 
Document  No.  9  be  referred  to  the  Committee  on  Rules  to  correct, 
so  as  to  make  it  conform,  in  all  respects,  with  the  rules  as  adopted 
by  the  Convention,  and,  when  so  corrected,  to  have  it  reprinted 
if  in  the  judgment  of  the  committee  the  corrections  are  so  many 
as  to  justify  reprinting. 

Mr.  Root  accepted  the  substitute. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  E.  A.  Brown  offered  a  resolution  in  words  following: 
Resolved,  That  the  patriotic  and  beautiful  decorations  of  this 
chamber,  consisting  of  a  painting  of  the  seal  of  the  Empire  State, 


196  JOURNAL  OF  THE 

surrounded  by  flags  of  the  United  States  of  America,  be  allowed 
to  remain,  as  now,  during  the  entire  session  of  this  Convention, 
and  that  the  Superintendent  of  Public  Buildings  be  requested 
by  the  Secretary  to  carry  this  resolution  into  effect. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Also,  the  following  : 

Kesolved,  That  the  Comptroller  of  this  State,  or  other  State 
officer  having  the  custody  thereof,  furnish  to  this  Convention,  for 
its  use  and  information,  a  certified  copy  or  certified  copies  of  any 
contract  or  contracts,  if  any,  entered  into  by  or  on  behalf  of  the 
State  with  the  compiler  of  this  Convention,  for  services  rendered 
by  him  under  an  act  of  the  Legislature,  entitled  "An  act  to 
amend  chapter  398  of  the  Laws  of  1892." 

Referred  to  the  Committee  on  Printing. 

Mr.  Kellogg  offered  a  resolution  in  words  following: 
Resolved,  That  the  Superintendent  of  Banking  be  respectfully 
requested  to  furnish  this  Convention,  if  possible,  with  the  number 
and  location  of  savings  banks  or  savings  institutions  in  this  State; 
and  also  the  amount  of  unclaimed  deposits  in  such  institutions, 
together  with  a  detailed  statement  as  to  how  long  any  such 
amount  or  amounts  have  remained  unclaimed. 
Referred  to  the  Committee  on  Banks. 

Mr.  Vedder,  from  the  Committee  on  Legislature,  its  Power  and 
Duties,  offered  a  resolution  in  words  following: 

Resolved,  That  all  proposed  amendments  to  the  Constitution, 
not  consisting  of  additions  thereto,  shall  recite  the  sections  or 
parts  thereof  as  proposed  to  be  amended  in  full,  and  all  new 
matter  or  amendments  shall  be  underscored  and  all  omissions 
shall  be  inclosed  in  brackets,  by  the  delegate  offering  a  proposed 
amendment  before  the  same  is  sent  to  the  Secretary's  desk,  and 
that  each  such  proposed  amendment  shall  be  proposed  in  writing 
and  in  duplicate. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  made  the  announcement  that  he  had  received 
formal  notice  from  the  counsel  of  Messrs.  Putnam  and  Sullivan, 


CONSTITUTIONAL  CONVENTION.  197 

announcing  the  dismissal,  by  the  Supreme  Court  in  Erie  county, 
of  the  application  for  a  writ  of  prohibition  against  the  Conven- 
tion and  its  officers,  and  which  notice  of  counsel  is  in  words 
following  : 

June  5,  1894 

'Hon.  Joseph  H.  Choate,  President  of  the  Constitutional  Conven- 
tion, State  Capitol,  Albany,  N.  Y.: 

Dear  Sir. — I  have  the  honor  to  inform  you  that  Justice  Manly  C. 
Green  of  the  Supreme  Court,  after  hearing  a  full  argument  in  the 
matter  of  the  People,  ex  rel.  Herman  F.  Trapper  against  the  Con- 
vention to  Revise  and  Amend  the  Constitution,  Harvey  W.  Put- 
nam and  Thomas  A.  Sullivan,  and  also  having  received  the  pro- 
ceedings and  report  of  your  judicial  committee,  has  this  day 
made  an  order  denying  the  application  for  the  writ  of  prohibition, 
vacating  the  proceedings  already  taken  and  authorizing  the  Con- 
vention to  proceed  to  the  consideration  of  the  matters  enjoined 
by  the  alternative  writ. 

While  I  appreciate  the  position  of  the  Convention  in  that  it  has 
in  no  respect  recognized  the  right  of  the  court  in  any  way  to 
make  an  order  affecting  it,  I  deem  it  proper  to  notify  you  of  this 
action,  in  that  it  may  appear  in  your  minutes  as  an  established 
precedent  and  recognition  of  the  rights  of  similar  bodies  forever; 
that  at  no  future  time  may  subsequent  Conventions  be  embar- 
rassed in  its  deliberations  by  the  consideration  of  a  similar 
proceeding. 

I  am,  with  great  respect, 

ISEWARD  A.  SIMONS, 
Attorney  for  Harvey  W.  Putnam  and  Thomas  A.  Sullivan, 
connection  therewith,  Mr.  Root  offered  a  resolution  in  words 
following : 

Resolved,  That  the  Secretary  report  his  action  under  the  order 
to  transmit  to  the  Supreme  Court  the  action  and  remonstrance 
of  the  Convention  regarding  the  writ  of  prohibition  issued  at  the 
instance  of  Herman  F.  Trapper. 

Mr.  President  put  the  question  on  said  resolution,  and  it  wa,s 
determined  in  the  affirmative. 

The  Secretary  then  stated  that  he  sent  the  assistant  sergeant- 
at-arms  of  the  Convention  with  the  report  of  the  Judiciary  Com- 


198  JOURNAL  OF  THE 

mittee  and  the  action  of  the  Convention  thereon,  to  the  judge 
of  the  Supreme  Court  at  Hudson,  N.  Y.  Judge  Edwards  was  out 
of  town.  The  sergeant  left  the  communication  with  the  county 
clerk  of  Columbia  county,  and  the  county  clerk  of  that  county  had 
telegraphed  him  (the  Secretary)  that  he  had  placed  the  communi- 
cation from  the  Convention  in  the  hands  of  Judge  Edwards. 

In  further  connection  therewith,  Mr.  Root  offered  a  resolution 
in  worols  following: 

Resolved,  That  the  communication  of  the  Secretary  to  the  court, 
the  report  of  the  Secretary,  and  a  duly  authenticated  copy  of  the 
record  of  the  court's  action  be  spread  upon  the  Journal  of  the 
Convention. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

184. — Mr.  E.  A.  Brown  presented  a  proposed  amendment  to 
article  1,  section  2  of  the  Constitution,  relating  to  trials  by  jury, 
which  was  referred  to  the  Committee  on  Judiciary. 

185.— By  Mr.  E.  R.  Brown: 

Proposing  amendment  of  article  1,  section  14  of  the  Constitu- 
tion, to  prohibit  leases  of  non-agricultural  lands  for  more  than 
twelve  years. 

Referred  to  the  Committee  on  Preamble. 

186.—  By  Mr.  Roche: 

Proposing  amendment  to  article  2,  section  4  of  the  Constitution, 
to  designate  courts  in  which  persons  may  be  naturalized. 
Referred  to  the  Committee  on  Suffrage. 

187.— By  Mr.  Kellogg: 

Proposing  amendment  to  article  4,  section  9  of  the  Constitution, 
relative  to  the  passage  of  bills,  and  denning  the  powers  of  the 
Legislature. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

188. — Also,  proposing  amendment  to  article  8,  section  4  of  the 
Constitution,  relating  to  unclaimed  deposits  in  savings  banks, 
and  defining  the  powers  of  the  Legislature  in  relation  thereto. 

Referred  to  the  Committee  on  Banking. 


CONSTITUTIONAL  CONVENTION.  199 

Mr.  Koot,  from  the  Committee  on  Judiciary,  presented  the 
report  of  that  committee,  in  words  following: 

To  the  Convention : 

The  Committee  on  Judiciary,  in  obedience  to  your  resolution  of 
June  6,  1894,  calling  for  an  opinion  upon  the  power  of  the  Con- 
vention over  the  Compiler  appointed  under  chapter  ,  of  the 
Laws  of  1894,  and  over  the  printing  and  publication  of  its  own 
journals,  documents  and  proceedings  and  in  respect  of  the  mat- 
ters contained  in  the  recommendations  of  the  Committee  on 
Printing,  reports  as  follows: 

I.  That   the    Legislature   has    undertaken    to   authorize   the 
printing  of  a  manual  and  compilation  and  of  such  journals  aa 
the  Convention  may  keep,  and  has  authorized  a  contract  for  such 
printing,  which  was  made  before  the  Convention  met.      In  the 
opinion  of  the  committee  the  Convention  has  no  concern  with 
these  matters  and  it  cannot  prevent  such  printing  from   being 
a  public  charge  under  the  contract  of  1893,  or  make  it  such  a 
charge. 

II.  That  as  to  all  other  printing  and  publications,   in    (he 
opinion  of  the  committee,  the  Convention  has  sole  authority  to 
determine    what    documents   and  proceedings  shall  be  printed, 
published,  indexed  and  bound,  and  when  and  how  and  under  what 
conditions  they  shall  be  printed,  published,  indexed  and  bound. 

III.  That  the  compiler  has  no  authority  to  order  or  contract 
for  any  such  printing,  publication,  indexing  or  binding,  except 
under  the  orders  of  the  Convention. 

IV.  That  the  compiler  had  no  authority  to  contract  for  the 
daily  publication  of  the  proceedings  and  debates  of  the  Conven- 
tion in  The  Argus  and  Albany  Evening  Journal. 

V.  That  the  Convention  has  authority  to  give  effect  to  all 
the  recommendations  contained  in  the  report  of  the  Committee 
on  Printing. 

ELIHU  ROOT, 

Chairman. 
June  6,  1894.  f 

In  connection  therewith,  Mr.  Hoot  offered  a  resolution  in  words 
following : 

Resolved,  That  the  Convention  to  revise  the  Constitution  and 
amend  the  same  hereby  orders  and  directs: 


200  JOURNAL  OF  THE 

First.  That  the  compiler,  appointed  pursuant  to  chapter  228  of 
the  Laws  of  1894,  shall  not  authorize  or  direct  any  indexing,  pub- 
lication, printing  or  binding  of  any  documents,  proceedings, 
journals  or  other  printing  or  publications,  as  documents,  proceed- 
ings, journals  or  other  printing  or  publications  of  this  Convention, 
except  such  as  are  required  by  the  rules  and  orders  of  the  Con- 
vention and  such  as  the  President  or  Secretary  shall  direct  to  be 
printed,  with  the  authority  of  the  Convention  or  of  the  Com- 
mittee on  Printing. 

Second.  That  the  contracts  which  the  compiler  assumed  to 
make  with  The  Argus  Company  and  with  the  Albany  Evening 
Journal,  on  the  5th  day  of  April,  1894,  for  the  daily  publication 
of  a  report  of  the  proceedings  of  the  Convention  in  The  Albany 
Argus  and  Albany  Evening  Journal  is  disapproved,  disaf- 
firmed and  the  compiler  is  required  to  forthwith  discontinue 
such  publications. 

Third.  That  all  future  bindings  of  publications  of  the  Conven- 
tion be  less  expensive  than  those  heretofore  used;  and  be  first 
submitted  to  the  Committee  on  Printing,  and  approved  by  them 
by  the  compiler,  before  they  are  authorized  by  the  compiler. 

Fourth.  That  the  reports  of  the  official  stenographer  of  the 
Convention,  and  the  assistants  employed  by  him,  be  henceforth 
the  only  reports  of  the  proceedings  printed  under  the  authority 
of  the  Convention  or  of  the  compiler. 

Also,  in  connection  therewith,  Mr.  Koot  offered  a  resolution  in 
words  following: 

Eesolved,  That  the  Convention  to  revise  the  Constitution  and 
amend  the  same  hereby  fixes  the  following  conditions  under 
which  the  printing  of  its  documents,  proceedings,  journals  and 
other  printing  and  publications  shall  be  directed  and  authorized 
by  the  compiler  and  shall  be  done;  and  hereby  directs  the 
time,  manner  and  place  of  the  delivery  thereof;  that  is  to  say: 
All  such  documents,  proceedings  and  journals  and  other  printing 
or  publications  copy  of  which  shall  be  delivered  to  the  printer 
before  four  o'clock  in  the  afternoon  of  any  day  shall  be  delivered 
duly  printed,  folded,  stitched  and  trimmed,  to  the  Sergeant-at- 
Arins,  or  his  assistant  at  the  document  room  of  the  Convention, 
between  eight  and  nine  o'clock  in  the  forenoon  of  the  next  legis 
lative  day. 


CONSTITUTIONAL  CONVENTION.  201 

All  such  documents,  proceedings  and  journals  or  other  printing 
or  publications,  copy  of  which  shall  be  delivered  to  the  printer 
after  four  o'clock  in  the  afternoon  on  any  day  shall  be  delivered 
duly  printed,  folded,  stiched  and  trimmed,  in  the  same  manner 
and  within  twenty-four  hours  after  the  delivery  of  such  copy  to 
the  printer.  Extra  copies,  when  called  for,  shall  be  delivered  in 
the  same  manner  and  at  the  same  place  within  such  further  time 
as  shall  be  designated  therefor  by  the  President  or  Secretary  of 
the  Convention,  or  by  the  chairman  of  the  Committee  on  Printing. 

Work  required  to  be  done  in  extra  haste  shall  be  delivered  as 
specifically  directed  by  the  President  or  Secretary  of.  the 
Convention,  or  by  the  chairman  of  the  Committee  on  Printing. 

Mr.  Boot  moved  that  the  two  sets  of  resolutions,  together  with 
the  report  of  the  Committee  on  Judiciary,  be  printed  and  referred 
to  the  Committee  on  Printing  with  instructions  to  report  on 
Wednesday  next. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

On  motion  of  Mr.  Hill,  at  11.24,  the  Convention  adjourned. 


Tuesday,  June    12,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Kev.  A.  K.  Duff. 

The  Journal  of  Friday,  June  eighth,  was  read  and  approved. 

Mr.  Barhite  offered  a  resolution  in  words  following: 

Whereas,  This  Convention  has  learned  of  the  death,  after  a  long 
and  painful  illness,  of  Mrs.  Lewis,  wife  of  the  Hon.  Merton  E. 
Lewis,  Delegate  from  the  Twenty-eighth  Senatorial  district;  now, 
therefore, 

Kesolved,  That  wTe  tender  to  Mr.  Lewis,  in  this  hour  of  sorrow, 
our  heartfelt  sympathies;  further 

Kesolved,  That  the  Secretary  be  directed  to  send  to  Mr.  Lewis 
a  copy  of  this  resolution. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
unanimously  adopted  by  a  rising  vote. 

Mr.  President  presented  a  number  of  memorials,  asking  that 
officers  and  employes  of  the  State  shall  be  selected  upon  merit. 


202  JOURNAL  OF  THE 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

Mr.  Carter  presented  the  memorial  of  the  Woman's  Christian 
Temperance  Union,  of  Erie  county,  asking  the  extension  of  female 
suffrage. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Barhite  presented  a  memorial,  asking  that  State  employes 
be  selected  upon  merit. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

Mr.  McMillan  (by  request)  presented  two  memorials  on  the 
same  subject. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

Mr.  Goodelle  presented  a  memorial  on  the  same  subject. 
Referred  to  the  Committee  on  Cities. 

Mr.  Francis  presented  four  petitions,  asking  for  State  inspec- 
tion of  certain  religious  institutions. 

Referred  to  the  Committee  on  Charities. 

Mr.  Tucker  presented  the  petition  of  citizens  of  New  York  city, 
in  favor  of  female  suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Also,  a  petition  from  the  National  Christian  League  for  the 
promotion  of  social  purity,  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  W.  H.  Steele  presented  a  memorial  and  petition  of  the 
Oswego  Baptist  Association,  against  sectarian  appropriations. 
Referred  to  the  Committee  on  Charities. 

Mr.  Hedges  presented  a  petition,  asking  State  inspection  of 
certain  religious  institutions. 

Referred  to  the  Committee  on  Charities. 

Mr.  Countryman  presented  the  protest  of  citizens  of  Albany 
against  female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 


CONSTITUTIONAL  CONVENTION.  203 

Mr.  Hill  presented  the  petition  of  citizens  of  Erie  county,  in 
favor  of  woman  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Blake  offered  a  resolution  in  words  following : 
Resolved,  That  the  Secretary  of  State  be  and  he  hereby  is 
directed  to  report  to  this  Convention,  on  or  before  the  25th  day 
of  June,  1894,  the  number  of  indictments  for  murder  in  the  first 
and  second  degrees  found  by  grand  juries  of  the  various  counties 
in  this  State,  from  January  1,  1889,  to  January  1,  1894,  and  the 
number  of  convictions  of  each  degree  had  upon  such  indictments, 
including  pleas  of  murder  in  the  second  degree. 
Referred  to  the  Committee  on  Judiciary. 

Mr.  Gilbert  offered  a  resolution  in  words  following : 
Resolved,  That  the  Committee  on  Legislature,  its  Powers  and 
Duties  be  relieved  from  the  consideration  of  matters  relating  to 
the  civil  service  of  the  State,  and  that  a  special  committee  of 
eleven  be  appointed,  to  which  shall  be  referred  all  matters 
relating  thereto. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

189. —  Mr.  Herzberg  presented  a  proposed  amendment  to  article 
13,  section  2  of  the  Constitution,  relative  to  future  Conventions  to 
revise  the  Constitution. 

Referred  to  the  Committee  on  Constitutional  Amendments. 

190.— By  Mr.  Tucker: 

Proposing  amendment  to  article  1  of  the  Constitution,  abolish- 
ing capital  punishment  and  the  pardoning  power. 
Referred  to  the  Committee  on  Preamble. 

191. — Also,  proposed  amendment  to  article  1  of  the  Constitu- 
tion, relative  to  the  damages  recoverable  in  civil  actions  for  the 
loss  of  human  life. 

Referred  to  the  Committee  on  Preamble. 

192. — Also,  proposed  amendment  to  article  1  of  the  Constitu- 
tion, prohibiting  imprisonment  for  debt  except  in  certain  cases. 
Referred  to  the  Committee  on  Preamble. 


204  JOURNAL  OF  THE 

193. — Also,  proposed  amendment  to  article  1  of  the  Constitu- 
tion, prohibiting  a  property  qualification  of  voters. 
Referred  to  the  Committee  on  Suffrage. 

194. — Also,  proposed  amendment  to  article  2  of  the  Constitu- 
tion, providing  for  the  submission  as  a  separate  proposition  to 
the  voters  of  the  question  of  female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

195.— By  Mr.  Blake: 

Proposed  amendment  to  article  1,  section  10  of  the  Constitu- 
tion, providing  that  divorce  proceedings  shall  be  in  open  court. 
Referred  to  the  Committee  on  Judiciary. 

196.— By  Mr.  J.  I.  Green: 

Proposed  amendment  to  article  15,  subdivision  3  of  the  Consti- 
tution, in  reference  to  the  right  of  counsel  in  examinations,  trials 
and  investigations. 

Referred  to  the  Committee  on  Judiciary. 

197.— By  Mr.  Emmet: 

Proposed  amendment  to  article  8  of  the  Constitution,  relating 
to  the  use  of  public  moneys  for  sectarian  purposes. 
Referred  to  the  Committee  on  Charities. 

198.— By  Mr.  Roche: 

Proposed  amendment  to  article  5,  section  3  of  the  Constitution, 
relative  to  the  election  of  a  Superintendent  of  Public  Works  and 
the  enlarging  of  the  State  canals. 

Referred  to  the  Committees  on  Canals  and  Governor  and  State 
Officers. 

199.— By  Mr.  Alvord: 

Proposed  amendment  to  article  7,  section  6  of  the  Constitution, 
in  relation  to  canals. 
Referred  to  the  Committee  on  Canals. 

200.— By  Mr.  C.  A.  Fuller: 

Proposed  amendment  to  article  3,  section  16  of  the  Constitu- 
tion, relating  to  restrictions  as  to  private  and  local  bills. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

On  motion  of  Mr.  Abbott,  at  10.54,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION.  205 


Wednesday,  June    13,  1894. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Kev.  A.  T.  Johnson. 
The  Journal  of  Tuesday,  June  twelfth,  was  read  and  approved. 

Mr.  President  announced  the  following  as  the  Select  Com- 
mittee on  Civil  Service,  in  pursuance  of  the  resolution  offered  by 
Mr.  J.  I.  Gilbert,  yesterday: 

Messrs.  Gilbert,  Francis,  Hedges,  Hill,  Foote,  R.  M.  Johnston, 
Lincoln,  McCurdy,  Countryman,  Bigelow,  Osborn. 

Mr.  President  presented  memorials  of  many  citizens  in  favor  of 
civil  service  reform. 

Referred  to  the  Select  Committee  on  Civil  Service. 

Mr.  Carter  presented  a  memorial  from  the  New  York  State 
Grange  asking  equal  suffrage  for  woman. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Crosby  presented  the  petition  of  the  Franklin  Baptist 
Association  of  the  State,  against  appropriations  for  sectarian 
institutions. 

Referred  to  the  Committee  on  Charities  and  Finances. 

Also,  a  petition  of  citizens  of  Walton,  N.  Y.,  asking  for  State 
inspection  of  certain  religious  institutions. 
Referred  to  the  Committee  on  Charities. 

Mr.  President  presented  a  communication  from  the  State  Comp- 
troller in  response  to  a  resolution  of  the  Convention  May  23d, 
requesting  a  detailed  statement  of  all  moneys  paid  by  the  State 
during  the  past  three  years  by  way  of  direct  or  indirect  appropria- 
tions, as  salary  or  otherwise,  to  institutions  not  owned  by  the 
State  or  a  political  division  thereof,  whether  sectarian  or  not. 

Mr.  Cady  moved  that  said  communication  be  printed  and  placed 
on  the  files  of  the  members. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 


206  JOURNAL  OF  THE 

June  12,  1894. 
To  the  Constitutional  Convention: 

In  conformity  with  the  resolution  of  your  honorable  body, 
passed  on  the  23d  ult,  requesting  a  detailed  statement  of  all 
moneys  paid  by  the  State  during  the  past  three  years  by  way  of 
direct  or  indirect  appropriations,  as  salary  or  otherwise,  to 
institutions  not  owned  by  the  State  or  a  political  division  thereof, 
whether  sectarian  or  not,  I  beg  leave  'to  submit  the  following: 

We  have  no  record  in  this  office  that  will  show  whether  the 
375  educational  institutions  participating  in  the  distribution  of 
the  literature  fund  are  public  or  private,  or  what  their  denomina- 
tion may  be.  That  information  is  probably  in  the  possession  of 
the  State  Board  of  Regents.  The  only  other  private  or  corporate 
institutions  which  have  received  money  from  the  State  are  the 
following,  and  the  amounts  received  by  each  during  the  past 
three  years  are  set  opposite: 

Institution  for  the  Blind,  New  York  City: 

1891 |45,135  00 

1892 43,054  57 

1893 43,054  27 


|131,243  84 

Institution  for  the  Improved  Instruction  of  Deaf-Mutes,  New 
York  City: 

1891 |25,295  60 

3892 25,499  68 

1893  .  27,424  57 


178,219  25 


Institution  for  the  Deaf  and  Dumb,  New  York  City: 

1891 $54,312  00 

1892 53,163  57 

1893  .  47,070  01 


|154,545  88 


CONSTITUTIONAL  CONVENTION.  207 

Le  Couteulx  St.  Mary's  Institution  for  Deaf  Mutes: 

1891 $15,912  50 

1892 14,476  90 

1893 14,396  20 


$44,785  60 

St.  Joseph's  Institution  for  Deaf  Mutes: 

1891 $31,958  47 

1892 33,238  39 

1893 35,551  68 


$100,748  54 

Western  New  York  Institution  for  Deaf  Mutes: 

1891 $24,629  89 

1892 23,771  31 

1893 24,737  68 


$73,138  88 

It  will  be  noted  that  these  institutions  are  all  for  the  care  and 
instruction  of  the  deaf  and  dumb  or  the  blind,  and  they  are  paid 
at  the  rate  of  $250  per  annum  for  each  person  sent  to  them  by 
the  State.  , 

I  find  that  the  per  capita  cost  of  maintenance  in  the  Northern 
New  York  Institution  for  the  Deaf  and  Dumb,  for  the  year  1893, 
was  $356.73;  the  average  for  five  years  in  the  Central  New  York 
Institution  for  Deaf  Mutes  was  $397.79;  and  for  the  year  1893, 
in  the  Institution  for  the  Blind  at  Batavia,  $311.61. 

It  may  be  fair  to  state  that  the  Central  New  York  Institution 
for  Deaf  Mutes,  the  Northern  New  York  Institution  for  Deaf 
Mutes,  and  the  Society  for  the  Reformation  of  Juvenile  Delin- 
quents contend  that  they  are  not  State  institutions,  but  the  State 
has  expended  for  buildings,  furnishings  and  things  o'ther  than 
maintenance  the  amounts  following: 

Society  for  the  Reformation  of  Juvenile  Delinquents,     $510,735  11 

Central  New  York  Institution  for  Deaf  Mutes 65,299  40 

Northern  New  York  Institution  for  Deaf  Mutes 68,000  00 


208  JOURNAL  OF  THE 

For  each  of  the  three  years  last  past  these  institutions  have 
received  the  following  amounts  for  maintenance  at  the  rate  of 
$250  per  capita  per  annum: 

Central  New  York  Institution  for  Deaf  Mutes: 

1891 |27,314  47 

1892 24,285  12 

1893 23,893  59 


$75,493  18 

Northern  New  York  Institution  for  Deaf  Mutes: 

1891 $13,446  98 

1892 13,950  59 

1893 14,527  75 


$41,925  32 

Society  for  the  Reformation  of  Juvenile  Delinquents.: 

1891 .     $103,000  00 

1892 102,499  96 

1893 111,274  04 


$316,774  00 

I  am  informed  that  the  Le  Couteulx  St.  Mary's  Institution  for 
Deaf  Mutes  and  the  St.  Joseph's  Institution  for  Deaf  Mutes  are 
under  the  auspices  of  the  Catholic  church.  All  the  other 
institutions,  to  the  best  of  my  knowledge,  are  not  controlled  by 
any  sect. 

Very  respectfully  yours, 

JAMES  A.  ROBERTS, 

Comptroller. 

Mr.  President  also  presented  a  communication  from  the  Secre- 
tary of  State,  in  response  to  a  resolution  of  the  Convention 
requesting  the  number  of  manufacturing  and  business  corpora: 
tions  organized  under  the  laws  of  other  States  and  conducting 
business  within  the  State  of  New  York,  the  causes  which  have 
led  to  the  organization  of  such  corporations  without  the  State; 


CONSTITUTIONAL  CONVENTION.  209 

also,  information  as  to  the  organization  by  citizens  of  this  State 
of  corporations  under  the  laws1  of  other  States. 

Mr.  Cady  moved  that  said  communication  be  printed  and  placed 
on  the  files  of  the  members. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

June  12,  1894. 

Hon.  Charles  E.  Fitch,  Secretary  of  the  Constitutional  Conven- 
tion, Albany,  N.  Y.: 

Dear  Sir. —  This  office  is  in  receipt  of  the  resolution  passed  by 
the  Convention,  in  which  we  are  requested  to  furnish  the  number 
of  manufacturing  and  business  corporations  organized  under  the 
laws  of  other  States  and  conducting  business  within  the  State 
of  New  York,  together  with  such  information  as  may  be  in 
possession  of  the  Secretary  of  State  as  to  the  causes  which  have 
led  to  the  organization  of  such  corporations  without  the  State; 
and  further  to  report  such  information  as  may  be  possible  as  to 
the  organization  by  citizens  of  this  State  of  corporations  under 
the  laws  of  other  States  to  do  business  therein,  and  the  reasons 
which  have  actuated  such  organizations  to  do  business  in  other 
States  rather  than  under  the  laws  of  this  State. 

In  compliance  with  said  resolution  I  have  caused  an  examina- 
tion to  be  made  of  all  the  papers  filed  in  this  office  pursuant  to 
sections  15  and  1G  of  the  General  Corporation  Law,  as  amended 
in  1892,  and  find  that  1,045  manufacturing  corporations  and  1,157 
business  corporations,  organized  under  the  laws  of  other  States, 
have  received  from  the  Secretary  of  the  State  of  New  York 
licenses  to  transact  business  within  this  State. 

I  would  further  respectfully  state  that  this  office  is  not  in 
possession  of  any  information  which  will  disclose  the  causes 
which  have  led  to  the  organization  of  such  corporations  in  other 
States;  and  I  would  also  respectfully  report  that  this  office  is 
not  possessed  of  any  information,  and  that  the  Secretary  of  State 
has  no  official  knowledge,  as  to  the  organization  by  citizens  of 
this  State,  of  corporations  under  the  laws  of  other  States  to  do 
business  therein. 

Very  respectfully  yours, 

JOHN  PALMER, 

Secretary  of  State. 
14 


210  JOURNAL  OF  THE 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  constitutional  amendment 
offered  by  Mr.  Roche,  introductory  No.  99,  entitled  "Proposed 
constitutional  amendment  to  amend  article  3,  by  the  addition  of  a 
new  section  prohibiting  the  legislature  or  any  division  of  the 
State,  from  granting  pensions  to  any  civil  officers  or  employes, 
not,  however,  including  existing  police  and  fire  department  pen- 
sion funds,"  reported  in  favor  of  the  passage  of  the  same  with 
some  amendments,  which  report  was  agreed  to  and  said  constitu- 
tional amendment  committed  to  the  Committee  of  the  Whole. 

201. — Mr.  Blake  presented  a  proposed  amendment  to  article 
1,  section  5  of  the  Constitution,  providing  for  the  abolition  of  the 
death  penalty. 

Referred  to  the  Committee  on  States'  Prisons. 

202  —  Also,  a  proposed  amendment  to  article  4,  section  5  of  the 
Constitution,  depriving  the  Governor  of  the  pardoning  power  after 
convictions  for  murder  in  the  first  degree. 

Referred  to  the  Committee  on  Governor  and  State  Officers. 

203  — By  Mr.  Abbott  : 

A  proposed  amendment  to  article  4,  section  9  of  the  Constitu- 
tion, in  regard  to  the  presentation  of  bills  to  the  Governor. 
Referred  to  the  Committee  on  Governor  and  State  Officers. 

204  —  By  Mr.  Mereness  : 

A  proposed  amendment  to  article  13,  section  2  of  the  Constitu- 
tion, relative  to  Constitutional  Conventions. 
Referred  to  the  Committee  on  Constitutional  Amendments. 

205  —  By  Mr.  C.  H.  Lewis  (by  request)  : 

A  proposed  amendment  to  the  Constitution  relative  to  home 
rule  in  cities. 

Referred  to  the  Committee  on  Cities. 

206 —  By  Mr.  H.  A.  Clark  (by  request)  : 

A  proposed  amendment  to  the  Constitution  relative  to  Civil 
Service  of  the  State  and  cities. 
Referred  to  the  Committee  on  Civil  Service. 

207  —  By  Mr.  Hawley  : 

A  proposed  amendment  to  article  8,  section  6  of  the  Constitu- 
tion, relating  to  banks. 
Referred  to  the  Committee  on  Banking. 


CONSTITUTIONAL  CONVENTION.  211 

208  —  Also,  a  proposed  amendment  to  article  6,  sections  18  and 
21  of  the  Constitution,  relative  to  justices  of  the  peace. 

Keferred  to  the  Committee  on  Judiciary. 

209  — By  Mr.  I.  S.  Johnson  : 

A  proposed  amendment  to  article  15,  section  1  of  the  Constitu- 
tion, to  prevent  bribery  and  corruption. 
Referred  to  the  Committee  on  Legislative  Powers  and  Duties. 

210  — By  Mr.  Banks  (by  request)  : 

A  proposed  amendment  to  the  Constitution  relative  to  fran- 
chises in  city  streets  and  places. 
Referred  to  the  Committee  on  Cities. 

Mr.  Hamlm,  from  the  Committee  on  Printing,  reported  in 
words  following  : 

The  Committee  on  Printing  to  whom  was  referred  the  following 
resolution  offered  by  Mr.  Root,  viz. : 

"Resolved,  That  the  Convention  to  revise  the  Constitution  and 
amend  the  same,  hereby  fixes  the  following  conditions  under 
which  the  printing  of  its  documents,  proceedings,  journals  and 
other  printing  and  publications  shall  be  directed  and  authorized 
by  the  compiler  and  shall  be  done;  and  hereby  directs  the  time, 
manner  and  place  of  the  delivery  thereof;  that  is  to  say:  All 
such  documents,  proceedings  and  journals  and  other  printing  or 
publications,  copy  of  which  shall  be  delivered  to  the  printer  before 
four  o'clock  in  the  afternoon  of  any  day,  shall  be  delivered  duly 
printed,  folded,  stitched  and  trimmed,  to  the  Sergeant-at-Arms,  or 
his  assistant,  at  the  document  room  of  the  Convention,  between 
eight  and  nine  o'clock  in  the  forenoon  of  the  next  legislative  day; 
all  such  documents,  proceedings  and  journals  or  other  printing  or 
publications,  copy  of  which  shall  be  delivered  to  the  printer  after 
four  o'clock  in  the  afternoon  on  any  day,  shall  be  delivered  duly 
printed,  folded,  stitched  and  trimmed  in  the  same  manner  and 
within  twenty-four  hours  after  the  delivery  of  such  copy  to  the 
printer;  extra  copies,  when  called  for,  shall  be  delivered  in  the 
same  manner  and  at  the  same  place  within  such  further  time  as 
shall  be  designated  therefor  by  the  President  or  Secretary  of  the 
Convention,  or  by  the  chairman  of  the  Committee  on  Printing. 


212  JOUKNAL  OF  THE 

"  Work  required  to  be  done  in  extra  haste  shall  be  delivered  as 
specifically  directed  by  the  President  or  Secretary  of   the   Con-* 
vention,  or  by  the  chairman  of  the  Committee  on  Printing." 

Would  respectfully  report  that  the  same  be  accepted  and 
adopted. 

F.  H.  HAMLIN, 

Chairman. 

Mr.  Bowers  moved  as  a  substitute  for  said  resolution,  as 
reported,  the  following  : 

"All  the  documents,  proceedings,  journals  and  other  printing  or 
publication  of  the  Convention,  shall  be  delivered  at  The  Argus 
office  in  the  city  of  Albany,  with  a  written  order  signed  by  the 
President,  Secretary  or  •Compiler;  which  order  shall,  in  every 
instance,  specify  the  time  when  the  printing  so  ordered  shall  be 
delivered  to  the  Convention;  and  at  the  time  of  delivery  of  the 
document  to  be  printed,  there  shall  be  obtained  from  The  Argus 
Company  a  receipt  showing  the  hour  of  such  delivery.  The  time 
in  each  case  within  which  the  work  shall  be  required  shall  be 
as  directed  by  the  Convention ;  or  if  not  so  directed,  as  the  inter- 
ests of  the  Convention  require." 

Mr.  Boot  moved  to  add  at  the  end  of  the  resolution  as  reported 
by  the  Committee  on  Printing,  the  following  words  : 

"If  the  total  copy  delivered  to  the  printer  in  any  one  day 
exceeds  fifty  printed  pages,  no  more  than  that  number  of  pages 
shall  be  governed  by  the  rule  hereby  established,  and  the  matter 
to  be  so  governed  shall  be  specifically  designated  by  the  Secretary 
or  Compiler.  The  Compiler  or  Secretary  may  enlarge  the  time 
herein  fixed,  by  specific  direction,  given  in  writing  at  the  time 
any  copy  is  delivered  to  the  printer." 

Mr.  Becker  moved  to  amend  said  resolution  as  follows  : 
Insert  after  the  word  "compiler,"  where  it  first  ocurs,  the 
following  : 

"In  respect  to  such  printing  as  is  to  be  done  under  his  super- 
vision, as  defined  by  the  report  of  the  Judiciary  Committee  sub- 
mitted on  June  8,  1894." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Becker,  and 
it  was  determined  in  the  negative. 


CONSTITUTIONAL  CONVENTION.  213 

Mr.  President  put  the  question  on  the  motion  made  by  Mr.  Boot, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  then  put  the  question  on  the  adoption  of  the  reso- 
lution, as  amended,  and  it  was  determined  in  the  affirmative. 

Mr.  Hamlin,  from  the  Committee  on  Printing,  also  made  a 
report  in  words  following  : 

June  12,  1894. 

The  Committee  on  Printing  to  whom  was  referred  the  following 
resolution  offered  by  Mr.  Root,  viz.: 

"  Resolved,  That  the  Convention  to  revise  the  Constitution  and 
amend  the  same,  hereby  orders  and  directs: 

"  First  —  That  the  Compiler,  appointed  pursuant  to  chapter  228 
of  the  Laws  of  1894,  shall  not  authorize  or  direct  any  indexing, 
publication,  printing  or  binding  of  any  documents,  proceedings, 
or  other  printing  or  publications,  as  documents,  proceedings, 
journals  or  other  printing  or  publications  of  this  Convention, 
except  such  as  are  required  by  the  rules  and  orders  of  the  Con- 
vention, and  such  as  the  President  or  Secretary  shall  direct  to 
be  printed,  with  the  authority  of  the  Convention  or  of  the  Com- 
mittee on  Printing. 

"  Second  —  That  the  contracts  which  the  Compiler  assumed  to 
make  with  The  Argus  Company  and  with  the  Albany  Evening 
Journal  on  the  5th  day  of  April,  1894,  for  the  daily  publication 
of  a  report  of  the  proceedings  of  the  Convention  in  The  Albany 
Argus  and  Albany  Evening  Journal  is  disapproved  and  disaf- 
firmed; and  the  Compiler  is  required  to  forthwith  discontinue 
such  publications. 

"  Third — That  all  further  bindings  of  publications  of  the  Con- 
vention be  less  expensive  than  those  heretofore  used;  and  be 
first  submitted  to  the  Committee  on  Printing  and  approved  by 
them,  by  the  Compiler,  before  they  are  authorized  by  the 
Compiler.  .  j  i  '1  .*.  j|jg||ff! 

"  Fourth — That  the  reports  of  the  official  stenographer  of  the 
Convention  and  the  assistants  employed  by  him,  be  henceforth 
the  only  reports  of  the  proceedings  printed  under  the  authority  of 
the  Convention  or  of  the  Compiler." 

Would  respectfully  report  that  the  above  resolution  be  accepted 
and  adopted. 

F.  H.  HAMLIN, 
I  Chairman. 


214  JOURNAL  OF  THE 

The  question  being  on  the  adoption  of  the  first  of  the  resolu- 
tions offered  by  the  Judiciary  Committee,  as  contained  in  said 
report,  in  words  following  : 

First  —  That  the  Compiler,  appointed  pursuant  to  chapter  228  of 
the  Laws  of  1894,  shall  not  authorize  or  direct  any  indexing, 
publication,  printing  or  binding  of  any  documents,  proceedings, 
journals  or  other  printing  or  publications,  as  documents,  proceed- 
ings, journals  or  other  printing  or  publications  of  this  Conven- 
tion, except  such  as  are  required  by  the  rules  and  orders  of  the 
Convention  and  such  as  the  President  or  Secretary  shall  direct 
to  be  printed,  with  the  authority  of  the  Convention  or  of  the 
Committee  on  Printing. 

Mr.  Roche  moved  to  strike  out  the  words  "or  of  the  Committee 
on  Printing,"  at  the  end  of  said  resolution,  and  insert  the  same 
words  after  the  word  "  Secretary ." 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  said  resolu- 
tion as  amended,  and  it  was  determined  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  the  second  resolu- 
tion offered  by  the  Judiciary  Committee  in  words  following  : 

Second  —  That  the  contracts  which  the  Compiler  assumed  to 
make  with  The  Argus  Company  and  with  the  Albany  Evening 
Journal,  on  the  5th  day  of  April,  1894,  for  the  daily  publication  of 
a  report  of  the  proceedings  of  the  Convention  in  The  Albany 
Argus  and  Albany  Evening  Journal  is  disapproved,  disaffirmed 
and  the  Compiler  is  required  to  forthwith  discontinue  such 
publications. 

By  unanimous  consent,  the  word  "  is,"  after  the  word  "  journal," 
second  occurring,  was  changed  to  read  "  are." 

Mr.  J.  C.  Davies  moved  that  said  resolution  be  recommitted  to 
the  Judiciary  Committee  and  that  due  notice  be  given  of  the  time 
and  place,  when  and  where  interested  parties  may  be  heard  in 
favor  of  or  against  such  resolution,  and  that  such  committee 
report  at  its  earliest  convenience. 

Mr.  Dean  moved  to  lay  the  motion  of  Mr.  Davies  upon  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 


CONSTITUTIONAL  CONVENTION.  215 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Davies,  and 

it  was  determined  in  the  negative. 

Mr.  Alvord  moved  to  amend  the  original  resolution  as  follows  : 
Insert  after  the  word  "Journal,"  the  following  :    "Are  in  the 

opinion  of  the  Convention  without  sanction  of  law  and  should 

be  discontinued." 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Mr.  Hirschberg  called  for  a  division  of  the  question. 

Mr.  President  put  the  question  on  that  portion  of  the  resolution 
in  words  following: 

u  Second  —  That  the  contracts  which  the  Compiler  assumed  to 
make  with  The  Argus  Company  and  with  the  Albany  Evening 
Journal,  on  the  5th  day  of  April,  1894,  for  the  daily  publication 
of  a  report  of  the  proceedings  of  the  Convention  in  The  Albany 
Argus  and  Albany  Evening  Journal  is  disapproved,  disaffirmed," 
and  it  was  determined  in  the  affirmative. 

Mr.  President  then  put  the  question  on  that  portion  of  the  reso- 
lution in  words  following  : 

"And  the  Compiler  is  required  to  forthwith  discontinue  such 
publications." 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Crosby  offered  a  resolution  in  words  following  : 
Kesolved,  That  the  Committee  on  Printing  be  and  is  directed 
to  ascertain  and  report  upon  what  terms  a  report  of  the  proceed- 
ings of  this  Convention  can  be  procured,  to  be  published  in  The 
Albany  Argus  and  the  Albany  Evening  Journal,  and  also  the 
gross  amount  that  the  representatives  of  said  papers  will  agree 
that  tlje  aggregate  expense  of  such  publication  shall  not  exceed. 
Mr.  Galinger  moved  to  lay  said  motion  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative.  t 

Mr.  Acker  moved  to  amend  said  resolution  as  follows  : 

Add  after  the  words  "Albany  Evening  Journal,"  the  following  : 
"Or  with  the  publishers  of  any  other  daily  newspaper  published 
in  the  State." 


216  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  said  resolu- 
tion as  amended  by  Mr.  Acker,  and  it  was  determined  in  the 
negative. 

Mr.  President  put  the  question  on  the  adoption  of  the  third 
resolution  offered  by  the  Judiciary  Committee,  as  follows: 

Third  —  That  all  future  bindings  of  publications  of  the  Conven- 
tion be  less  expensive  than  those  heretofore  used;  and  be  first 
submitted  to  the  Committee  on  Printing,  and  approved  by  them 
by  the  Compiler,  before  they  are  authorized  by  the  Compiler,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  the  fourth 
resolution  offered  by  the  Judiciary  Committee,  as  follows: 

Fourth  —  That  the  reports  of  the  official  stenographer  of  the 
Convention,  and  the  assistants  employed  by  him,  be  henceforth 
the  only  reports  of  the  proceedings  printed  under  the  authority 
of  the  Convention  or  of  the  Compiler,  and  it  was  determined  in 
the  affirmative. 

Mr.  Hamlin,  from  the  Committee  on  Printing,  also  reported  in 
words  following  : 

In  Convention,  June  12,  1894. 

The  Committee  on  Printing,  to  whom  was  referred  the  report 
of  the  Judiciary  Committee,  reported  in  words  following: 

"  The  Committee  on  Judiciary,  in  obedience  to  your  resolution  of 
June  6,  1894,  calling  for  an  opinion  upon  the  power  of  the  Con- 
vention over  the  Compiler,  appointed  under  chapter  228  of  the 
Laws  of  1894,  and  over  the  printing  and  publication  of  its  own 
journals,  documents  and  proceedings,  and  in  respect  of  the  mat- 
ters contained  in  recommendations  of  the  Committee  on  Printing, 
reports  as  follows : 

I.  That  the  Legislature  has  undertaken  to  authorize  the  print- 
ing of  a  manual  and  compilation  and  of  such  journals  as  the 
Convention  may  keep,  and  has  authorized  a  contract  for  such 
printing,  which  was  made  before  this  Convention  met.  In  the 
opinion  of  this  committee,  the  Convention  has  no  concern  with 
these  matters,  and  it}  cannot  prevent  such  printing  from  being  a 
public  charge,  under  the  contract  of  1893,  or  make  it  such  a 
charge. 


CONSTITUTIONAL  CONVENTION.  217 

II.  That  as  to  all  other  printing  and  publications,  in  the  opin- 
ion of  the  committee,  the  Convention  has  sole  authority  to  deter- 
mine what  documents  and  proceedings  shall  be  printed,    pub- 
lished, indexed  and  bound,  and  when  and  how  and  under  what 
conditions,  they  shall  be  printed,  published,  indexed  and  bound. 

III.  That  the  Compiler  has  no  authority  to  order  or  contract  for 
any  such  printing,  publication,  indexing  or  binding,  except  under 
the  order  of  the  Convention* 

IV.  That  the  Compiler  has  no  authority  to  contract  for  the  daily 
publication  of -the  proceedings  and  debates  of  the  Convention  in 
The  Argus  and  Albany  Evening  Journal. 

V.  That  the  Convention  has  authority  to  give  effect  to  all 
recommendations  contained  in  the  report  of  the  Committee  on 
Printing. 

ELIHU  BOOT, 

Chairman." 
June  6,  1894. 

Do  hereby  return  the  same  and  recommend  its  acceptance  and 
adoption. 

And  also  return  herewith  for  the  consideration  of  the  Conven- 
tion, the  report  of  this  committee  in  regard  to  the  printing  for 
the  Convention  as  heretofore  reported  by  document  number  eight. 

F.  H.  HAMLIN, 

Chairman. 

Mr.  President  put  the  question  on  the.  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Cochran  offered  a  resolution  in  words  following  : 

Whereas,  This  Convention  having  been  informed  by  the 
chairman  of  the  Printing  Committee  and  through  other 
sources,  announcing  that  there  is  in  course  of  preparation 
by  the  Compiler,  an  additional  volume  to  the  Manual  to 
consist  of  the  photographs  and  personal  sketches  of  the  mem- 
bers, and  whereas  it  is  the  sense  of  the  members  of  this  Conven- 
tion that  such  a  publication  was  never  intended  by  the  Legisla- 
ture to  be  included  within  the  Manual  authorized  to  be  issued  for 
the  Convention's  use,  and 

Whereas,  In  any  event  it  is  provided  by  chapter  of  the  Laws 
of  1894  that  such  manual  should  be  prepared  and  ready  for  the 
Convention  "  at  the  commencement  of  its  session," 


218  JOURNAL  OF  THE 

Resolved,  That  this  Convention  do  disapprove  of  the  issue  of  the 
volume  referred  to,  and  that  the  Sergeant-at-Arms  be  directed  to 
decline  to  accept  of  the  same  if  offered. 

And  further,  that  the  Compiler,  Secretary  of  State,  Comptroller 
and  Attorney-General  be  notified  of  this  action. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  J.  Johnson,  from  the  Committee  on  Cities,  asked  that  that 
committee  be  discharged  from  the  further  consideration  of  the 
resolution  offered  by  Mr.  R.  M.  Johnston  calling  for  information 
from  the  Governor  and  the  mayors  of  the  several  cities  of  the 
State  as  to  the  observance  of  the  civil  service  reform  law  in  the 
various  departments. 

And  that  said  resolution  be  referred  to  the  Special  Committee 
on  Civil  Service. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  and  said  resolution  was  so  referred. 

By  unanimous  consent  Mr.  Veeder  presented  the  petition  of 
citizens  of  Brooklyn  in  favor  of  Civil  Service. 

Referred  to  the  Committee  on  Civil  Service. 

By  unanimous  consent  Mr.  Jesse  Johnson  presented  the  protest 
of  citizens  of  Brooklyn  against  equal  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

211  —  By  unanimous  consent  Mr.  Francis  presented  a  proposed 
amendment  to  article  one,  section  three  of  the  preamble  of  the 
Constitution,  in  regard  to  religious  liberty. 

Referred  to  the  Committee  on  Preamble. 

Mr.  Becker  called  from  the  table  the  report  of  the  Committee  on 
Printing,  in  words  following  : 

In  Convention,  Albany,  N.  Y.,  June  5,  1894. 

The  Committee  on  Printing,  to  whom  was  referred  the  subject- 
matter  contained  in  the  following  resolution  offered  by  Mr. 
Becker,  viz. : 

"  Resolved,  That  the  Committee  on  Printing  ascertain  and  report 
on  the  second  legislative  day  of  next  week,  the  propriety  of  fur- 
nishing a  daily  report  of  the  proceedings  of  this  Convention  to 
each  of  the  daily  newspapers  printed  in  this  State  and  the  esti- 


CONSTITUTIONAL  CONVENTION.  219 

mated  expense  thereof.  And  that  the  committee  also  report  as  to 
the  printing  and  binding  of  five  hundred  copies  of  the  debates  of 
the  Convention,  to  be  distributed  in  the  manner  and  to  the  per- 
sons named  in  Kule  71." 

Do  hereby  respectfully  report : 

First  —  That  it  is  the  opinion  of  the  committee  that  to  print 
and  send  out  the  Journal  as  provided  for  by  the  foregoing  reso- 
lution, will  cost  about  two  thousand  dollars,  and  that  included 
with  other  printed  matter  therein  referred  to,  will  cost  from  six 
to  ten  thousand  dollars;  that  in  view  of  that  expendiure  of  money 
this  committee  does  not  feel  justified  in  recommending  the  adop- 
tion of  that  portion  of  said  resolution. 

Second  —  This  committee  does  further  report,  that  the  printing 
of  one  thousand  copies  of  the  verbatim  reports  of  the  proceedings 
and  debates  be  continued  and  that  five  hundred  of  said  one 
thousand  copies  be  bound  in  plain  substantial  binding,  for  dis- 
tribution, as  provided  for,  and  in  the  same  manner  as  provided  by 
Rule  71,  for  the  distribution  of  the  Journal  and  reports 
of  committees. 

Mr.  President  put  the  question  on  the  motion  to  take  from 
table,  and  it  was  determined  in  the  affirmative. 

Mr.  Becker  then  offered  the  following  as  a  substitute  for  the 
resolution  reported  by  the  Committee  on  Printing  : 

Eesolved,  That  the  Committee  on  Printing  ascertain  and  report 
on  next  Tuesday,  what  contract  can  be  entered  into  with  the 
proprietors  of  The  Albany  Argus  and  the  Albany  Evening  Journal 
for  publishing  the  journals,  proposed  amendments,  and  reported 
amendments  of  the  Convention;  and  sending  copies  thereof,  at 
least  twice  in  each  week,  to  all  the  papers  in  this  State,  except 
monthly  papers  and  trade  journals,  and  also  for  printing  one 
thousand  copies  of  the  verbatim  reports  of  the  proceedings  and 
debates,  and  binding  them  in  a  plain  and  substantial  binding  for 
distribution,  as  provided  for  by  Kule  71  for  the  distribution  of  the* 
Journal  and  report  of  committees,  or  as  ordered  by  the  Convention. 

Pending  the  consideration  of  the  motion  of  Mr.  Becker, 
Mr.  Dickey  moved  that  the  Convention  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

And,  at  12.45,  the  Convention  adjourned. 


220  JOURNAL  OF  THE 

Thursday,  June    14,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  Father  Walworth. 

The  Journal  of  Wednesday,  June  thirteenth,  was  read  and 
approved. 

Mr.  President  presented  the  memorial  and  petition  of  citizens 
of  New  York  city  against  appropriations  for  sectarian  institu- 
tions. 

Keferred  to  the  Committee  on  Charities. 

Also,  the  protest  of  citizens  of  New  York  city  against  granting 
State  aid  to  sectarian  schools. 
Referred  to  the  Committee  on  Education. 

Also,  the  petition  of  citizens  of  Albany  asking  State  inspection 
of  certain  religious  institutions. 
Referred  to  the  Committee  on  Charities. 

Also,  the  petitions  of  citizens  of  New  York  city  in  favor  of 
a  civil  service  reform  amendment  to  the  Constitution. 

Referred  to  the  Committee  on  Civil  Service. 

Also,  the  memorial  of  the  New  York  Juvenile  Guardian  Society 
in  relation  to  Children's  Homes. 
Referred  to  the  Committee  on  Charities. 

Mr.  Barhite  presented  the  petition  of  citizens  of  Rochester,  ask- 
iug  the  State  inspection  of  certain  religious  institutions. 
Referred  to  the  Committee  on  Charities. 

Mr.  Barnum  presented  the  protest  of  citizens  of  Cherry  Valley 
against  equal  suffrage  for  women. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Cookinham  presented  the  memorial  of  the  M.  E.  Church  of 
the  Utica  and  Herkimer  district  against  sectarian  appropriations. 
Referred  to  the  Committee  on  Charities. 

Mr.  Francis  presented  the  petition  of  citizens  of  Lansingburgh 
asking  State  inspection  of  certain  religious  institutions. 

Referred  to  the  Committee  on  Charities. 


CONSTITUTIONAL  CONVENTION.  221 

Mr.  Osborn  presented  a  petition  in  favor  of  a  civil  service 
amendment  to  the  Constitution. 

Keferred  to  the  Committee  on  Civil  Service. 

Mr.  Hill  presented  petitions  on  the  same  subject. 
Keferred  to  the  Committee  on  Civil  Service. 

Mr.  Goodelle  presented  a  petition  on  the  same  subject. 
Keferred  to  the  Committee  on  Civil  Service. 

Mr.  Foote  presented  a  petition  on  the  same  subject. 
Keferred  to  the  Committee  on  Civil  Service. 

Mr.  Cochran  called  up  the  resolution  offered  by  him  in  words 
following: 

Whereas,  This  Convention  having  been  informed  by  the  report 
of  the  Committee  on  Printing  and  other  sources,  that  there  is  in 
course  of  preparation  by  the  Compiler  an  additional  volume  of  the 
Manual,  to  consist  of  the  photographs  and  personal  sketches  of 
the  members,  and 

Whereas,  It  is  the  sense  of  the  members  of  this  Convention  that 
such  a  publication  was  never  intended  by  the  Legislature  to  be 
included  within  the  Manual  authorized  to  be  issued  for  the  Con- 
vention's use,  and 

Whereas,  In  any  event  it  is  provided  by  chapter  of  the 
Laws  of  1894,  that  such  Manual  should  be  prepared  and  ready 
for  the  Convention  "at  the  commencement  of  its  session." 

Kosolved,  That  this  Convention  do  disapprove  of  the  issue  of 
the  volume  referred  to,  and  that  the  Sergeant-at-Arms  be  directed 
to  decline  to  accept  of  the  same  if  offered.  And  further,  that  the 
Compiler,  Secretary  of  State,  Comptroller  and  Attorney-General 
be  notified  of  this  action. 

Mr.  Maybee  moved  to  lay  said  resolution  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Titus  offered  a  resolution  in  words  following  : 

Resolved,  That  the  district  attorneys  of  the  various  counties  in 
this  State  be  requested  to  furnish  forthwith  to  this  Convention 
a  statement  showing  the  number  of  appeals  in  criminal  cases 


JOURNAL  OF  THE 

taken  in  their  respective  counties,  for  each  of  the  five  years  last 
past. 
Keferred  to  the  Committee  on  Judiciary. 

212. — Mr.  J.  Johnson  presented  a  proposed  amendment  to  arti- 
cle 3,  section  16  of  the  Constitution,  in  reference  to  private  and 
local  bills. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties.  l 

213  — By  Mr.  Titus: 

A  proposed  amendment  to  article  6  of   the   Constitution,   by 
adding  a  new  section  relative  to  the  judiciary. 
Referred  to  the  Committee  on  Judiciary. 

214  — By  Mr.  Tucker: 

A  proposed  amendment  to  article  6  of  the  Constitution,  by 
adding  a  new  section  providing  for  the  election  of  referees  to 
whom  issues  in  law  or  equity  are  to  be  referred. 

Referred  to  the  Committee  on  Judiciary. 

215  —  By  Mr.  Becker  : 

A  proposed  amendment  to  article  3,  section  19  of  the  Constitu- 
tion, in  relation  to  grants  of  land  under  water. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

216  —  By  Mr.  Vedder  : 

A  proposed  amendment  to  article  3,  section  10  of  the  Constitu- 
tion, relative  to  the  powers  of  the  Legislature  and  the  choice  by 
the  Senate  of  a  temporary  president. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

The  order  of  business,  "Reports  of  Committees,"  being 
announced,  Mr.  President  stated  the  pending  question  at  the  hour 
of  adjournment  yesterday,  to  be  upon  the  report  of  the  Com- 
mittee on  Printing  in  words  following: 

In  Convention,  Albany,  N.  Y.,  June  5,  1894. 

The  Committee  on  Printing,  to  whom  was  referred  the  subject 
matter  contained  in  the  following  resolution,  offered  by  Mr. 
Becker,  viz.: 


CONSTITUTIONAL  CONVENTION.  223 

Resolved,  That  the  Committee  on  Printing  ascertain  and 
report  on  the  second  legislative  day  of  next  week  the  pro- 
priety of  furnishing  a  daily  report  of  the  proceedings  of  this 
Convention  to  each  of  the  daily  newspapers  printed  in  this  State, 
and  the  estimated  expense  thereof.  And  that  the  committee 
also  report  as  to  the  printing  and  binding  of  five  hundred  copies 
of  the  debates  of  the  Convention,  to  be  distributed  in  the  manner 
and  to  the  persons  named  in  Eule  71. 

Do  hereby  respectfully  report  : 

First  —  That  it  is  the  opinion  of  the  committee  that  to  print 
and  send  out  the  Journal,  as  provided  for  by  the  foregoing  reso- 
lution, will  cost  about  two  thousand  dollars,  and  that,  included 
with  other  printed  matter  therein  referred  to  will  cost  from  six 
to  ten  thousand  dollars;  that  in  view  of  that  expenditure  of 
money  the  committee  does  not  feel  justified  in  recommending  the 
adoption  of  that  portion  of  said  resolution. 

Second  —  This  committee  does  further  report  :  That  the  print- 
ing of  one  thousand  copies  of  the  verbatim  reports  of  the  pro- 
ceedings and  debates  be  continued  and  that  five  hundred  of  said 
one  thousand  copies  be  bound  in  plain,  substantial  binding,  for 
distribution  as  provided  for  in  the  same  manner  as  provided  by 
Rule  71  for  the  distribution  of  the  Journal  and  reports  of 
committees. 

Mr.  Becker  then  offered  the  following  as  a  substitute  for  the 
resolution  reported  by  the  Committee  on  Printing  : 

Resolved,  That  the  Committee  on  Printing  ascertain  and  report 
on  next  'Tuesday  what  contract  can  be  entered  into  with  the 
proprietors  of  The  Albany  Argus  or  the  Albany  Evening  Journal, 
for  publishing  the  journals,  proposed  amendments  and  reported 
amendments  of  the  Convention,  and  sending  copies  thereof  at 
least  twice  in  each  week  to  all  the  papers  in  this  State,  except 
monthly  papers  and  trade  journals,  and  also  for  printing  one 
thousand  copies  of  the  verbatim  report  of  the  proceedings  and 
debates,  and  binding  them  in  a  plain  and  substantial  binding  for 
distribution,  as  provided  for  by  Rule  71,  for  the  distribution  of 
the  Journal  and  reports  of  committees,  or  as  ordered  by  the 
Convention. 


I 


224  JOURNAL  OF  THE 

Mr.  Cookinhain  moved  as  a  substitute  for  Mr.  Becker's  resolu- 
tion, the  following  : 

Eesolved,  That  the  subject  of  printing  and  publishing  for  the 
Convention,  which  is  not  covered  by  the  rules  or  the  direction  of 
the  Convention  heretofore  given,  be  referred  to  the  Committee  on 
Printing,  with  instructions  to  examine  and  report  thereon,  at 
the  earliest  practical  date,  as  to  what  should  be  printed  and 
published,  and  also  the  best  method  of  doing  the  same  and  as 
to  whom  should  be  furnished  copies  thereof. 

Mr.  Becker  accepted  Mr.  Cookinham's  substitute. 

Mr.  President  put  the  question  on  the  substitute  offered  by 
Mr.  Becker,  as  amended  by  Mr.  Cookinham,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Koot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  resolution  introduced  by  Mr.  Blake,  calling  upon  the 
Secretary  of  State  for  the  number  of  indictments  for  murder  in 
the  various  counties  of  the  State,  reported  in  favor  of  the  same, 
amended  so  as  to  read  as  follows  : 

"Eesolved,  That  the  Secretary  of  State  be  requested  to  furnish 
to  the  Convention,  whatever  information  may  be  in  his  possession 
respecting  the  number  of  indictments  for  murder  in  the  first  and 
second  degrees,  found  by  grand  juries  of  the  various  counties 
in  this  State,  from  January  1,  1889,  to  January  1,  1894,  and 
the  number  of  convictions,  of  each  degree,  had  upon  such  indict- 
ments, including  pleas  of  murder  in  the  second  degree." 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  J.  C.  Davies,  from  the  Committee  on  Banking,  reported  in 
words  following  : 

The  Committee  on  Banking  and  Insurance,  to  whom  was 
referred  a  resolution  offered  by  Mr.  Kellogg  on  the  eighth  inst.,  do 
hereby  respectfully  report 

That  having  taken  the  same  under  consideration,  do  report 
said  resolution  favorably,  without  amendment  in  words  following  : 

"Resolved,  That  the  Superintendent  of  Banking  be  respectfully 
requested  to  furnish  this  Convention,  if  possible,  with  the  number 
and  location  of  savings  institutions  in  this  State,  and  also  the 


CONSTITUTIONAL  CONVENTION.  225 

amount  of  unclaimed  deposits  in  such  institutions,  together  with 
a  detailed  statement  as  to  how  long  any  such  amount  or  amounts 
have  remained  unclaimed." 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Hirschberg,  from  the  Committee  on  Privileges  and  Elec- 
tions, reported  in  words  following  : 

To  the  Constitutional  Convention: 

The  Committee  <on  Privileges  and  Elections  having  investi- 
gated the  matter  of  the  contest  of  Harvey  W.  Putnam  and 
Thomas  A.  Sullivan  for  the  seats  now  occupied  by  Herman  F. 
Trapper  and  Charles  Beckwith  from  the  Thirtieth  Senatorial 
District,  do  report  as  follows: 

That  they  have  taken  a  large  amount  of  proof  and  have 
examined  a  large  number  of  witnesses  and  have  been  addressed 
by  counsel  for  contestants  and  also  for  the  sitting  members, 
and  that  they  find  and  report  as  follows: 

That  the  Thirtieth  Senatorial  District  is  composed  of  wards 
one  to  fourteen,  inclusive,  and  the  Nineteenth  and  Twentieth 
wards  of  the  city  of  Buffalo;  that  on  the  face  of  the  returns  in 
said  Senatorial  District,  said  Beckwith  received  14,099  votes 
and  said  Trapper  14,093;  that,-  on  the  face  of  the  returns,  said 
contestant  Putnam  received  14,070  and  said  contestant  Sullivan 
received  13,899  votes.  Thus,  upon  the  face  of  the  returns,  it 
appeared  that  said  Beckwith  received  twenty-nine  votes  more 
than  said  Putnam,  and  200  votes  more  than  said  Sullivan;  that 
the  contestants  sought  to  establish  that  the  Fourth  election 
district  of  the  First  ward  should  not  be  counted,  but  that  the 
entire  vote  should  be  omitted  from  the  returns  on  the  ground 
that  it  was  irregular  and  fraudulent  and  that  the  polls  were 
taken  possession  of  by  conspirators  for  the  express  purpose  of 
controlling  the  election  in  the  interest  of  one  Sheehan,  a  can- 
didate for  alderman  in  the  First  ward  of  said  city;  and  they 
claimed  that  said  conspirators  did  control  the  election  in  said 
district.  Fraud  was  also  claimed  in  other  election  districts  in 
said  First  ward,  but  it  is  not  neccessary  to  report  upon  that 
question  as  contestants  substantially  confined  their  case  to  the 
said  Fourth  district. 

It  appeared  that  the  registration  in  said  Fourth  district,  for 
the  year  1893,  was  889;  that  the  population  of  said  district, 
15 


226  JOURNAL  OF  THE 

from  1891  to  1893,  had  decreased;  that  the  total  vote  of  said 
district  for, the  year  1892,  that  being  the  year  of  a  Presidential 
election,  was  342;  while  the  vote  at  the  election  November  7, 
1893,  was  641,  as  returned. 

It  appears  that  the  vote  of  said  district  was  divided  between 
the  principal  parties  for  the  three  years  last  past,  as  follows: 

1891,  Republican,,  as  returned 140 

1891,  Democrat,  as  returned 169 

1892,  Republican,  as  returned . 101 

1892,  Democrat,  as  returned. 212 

1893,  Republican,  as  returned 126 

1893,  Democrat,  as  returned 505 

It  also  appeared  that  the  large  increase  in  registration  and 
in  votes,  in  1893,  was  caused  by  persons  registering  and  voting 
from  certain  localities  in  said  district  and  particularly  from 
a  saloon,  known  as  19  Main  street,  kept  by  one  James  Kennedy; 
also  a  saloon,  known  as  85  Main  street,  and  a  saloon,  known  as 
133  Main  street,  and  165  Washington  street  and  33  Exchange 
street. 

On  the  evening  before  the  election,  the  sheriff  of  Erie  county 
appointed  112  special  deputies,  all  of  whom  were  sworn  in  by 
the  under  sheriff  without  a  knowledge,  upon  his  part  or  upon 
the  part  of  the  sheriff,  as  to  who  those  deputies  were;  and  the 
act  of  swearing  them  in  was  done  in  obscure  places  in  said 
city  of  Buffalo.  Many  of  said  deputy  sheriffs  wrere  men 
of  bad  character,  notably  William  Baker,  Charles  Marks, 
Samuel  Strauss  and  a  man  called  Farrell,  all  of  whom  were 
prize-fighters,  and  O'Shea,  who  is  described  as  a  dog-catcher. 
These  deputy  sheriffs  were  all  appointed  at  the  request  of  Charles 
McDonnell,  John  J.  Lynch  and  John  O'Connell,  and  other  sup- 
porters of  Sheehan,  for  the  office  of  alderman  of  said  ward;  said 
O'Connell  being  the  chairman  of  the  board  of  inspectors  of 
election  in  said  Fourth  district. 

The  booth  in  which  the  voting  took  place  in  said  Fourth  dis- 
trict was  located  on  Illinois  street  was  circular  in  form  and  con- 
structed or  sheet-iron.  It  was  placed  on  the  side  of  the  street, 
partially  upon  the  sidewalk,  so  that  the  door  at  which  voters 
would  enter  would  be  approached  from  the  sidewalk  leading 


CONSTITUTIONAL  CONVENTION.  227 

to  Perry  street.  About  three  o'clock  in  the  morning,  on  elec- 
tion day,  about  fifty-four  voters,  mostly  Italians,  supporters  of 
White,  the  candidate  opposed  to  Sheehan  for  the  office  of  alder- 
man, arrived  at  said  election  booth  and  took  their  places  upon 
the  sidewalk  in  single  file,  the  line  extending  from  the  door 
of  the  booth  toward  Perry  street,  which  was  the  proper  way  for 
voters  to  form  in  line  to  approach  said  booth;  that  said  line 
was  orderly  and  lawT-abiding;  and  that  said  line  had  remained 
in  the  said  position  until  about  6.40  o'clock  in  the  morning, 
that  being  about  the  time  for  the  opening  the  polls.  That,  shortly 
before  the  time  for  opening  the  polls  artived,  the  said  James 
Kennedy  approached  and  rapped  upon  the  door  of  the  booth 
and  asked  admission.  The  election  officers  were  within  the 
booth,  and  Kennedy  was  asked  who  it  was  that  desired  admis- 
sion. Upon  giving  his  name,  he  was  immediately  admitted, 
but  very  shortly  came  out  of  the  booth  and  gave  instructions 
to  the  election  officers  that  the  door  was  not  to  be  opened  until 
he  gave  the  order.  He  was  not  an  election  officer  and  had  no 
right  to  assume  any  control  over  the  door,  or  to  give  any  direc- 
tions as  who  should  or  should  not  enter  the  booth.  Just 
before  the  time  arrived  for  opening  the  polls,  said  Kennedy 
again  returned,  but  he  approached  the  door  of  the  booth  from 
the  rear,  coming  between  the  booth  and  the  building  on  the 
east  side  and  there  being  an  intervening  space  of  some  two 
or  three  feet.  He,  at  this  time,  had  with  him  the  prize-fighters 
and  the  dog-catcher  and  a  large  number-  of  the  special  deputy 
sheriffs  who  had  been  appointed  the  night  before.  At  the  same 
time,  Police  Captain  Regan,  wrho  had  previously  been  a  Repub- 
lican, but  who  was  a  supporter  of  Sheehan  for  alderman,  and 
some  ten  or  more  policemen  in  uniform,  appeared  with  Kennedy 
and  the  deputy  sheriffs.  When  they  approached  the  door  of 
the  booth  they  immediately  took  possession  of  it.  William 
Miller,  one  of  the  prize-fighters,  stood  in  the  door,  with  his  arm 
across  it,  and  the  other  officers  were  within  the  booth  or  out- 
side, as  they  saw  fit  to  be,  and  for  several  hours  no  one  was 
permitted  to  enter  the  booth  except  those  to  whom  said  Kennedy 
and  one  Kil course  and  the  prize-fighters  saw  fit  to  allow  the  privi- 
ly1. The  line  of  Italian  voters  who  had  stayed  in  front  of  the 
booth  from  three  o'clock  in  the  morning  was  forcibly  broken  up 
by  these  prize-fighters,  deputy  sheriffs  and  policemen;  and  the 
men  were  told  that  they  must  go  to  the  rear  of  the  booth  and 
form  in  the  rear  of  the  line  which  had  approached  in  that 


±28  JOURNAL  OF  THE 

direction  and  which  consisted  largely  of  special  deputy  sheriffs. 
Said  Kennedy,  after  he  entered  the  booth  at  the  time  of  opening 
the  polls,  took  a  position  in  the  rear  of  the  inspectors  of  election 
and    near    to  the  private  compartments,    and,    with    Kilcourse, 
assumed  and  retained  control  of  the  election  machinery  of  that 
district.    Kennedy  gave  directions  as  to  who  should  be  allowed 
to  enter  the  booth,  and.  who  should  be  put  out  and  his  directions 
were  followed;   and,  in  pursuance  of  his  directions,  law-abiding 
citizens  were  ejected  by  the  prize-fighters,  and  notably  several  ' 
of  the  watchers  who  were  entitled  to  be  present  and  observe  the 
manner  of  conducting  .the  election  were  either  ejected  or  forcibly 
prevented  from  entering.       One    of    the  inspectors  of  election, 
Mr.  Aeschbach,  almost  continuously  protested  against  the  unlaw- 
ful proceedings,  but  no  heed  was  given  his  protest. 
.  Men  other  than  voters    were    placed    or    allowed    to    remain 
in  two  of  the  private  compartments  during,  substantially,  the 
whole    day  and  most  of  the  voting  was  done  from  these  com- 
partments.    Some  of  the  compartments  at  times  contained  as 
many  as  two,  three  or  four  men.     Said  Kennedy  gave  directions 
to  voters  when  they  approached  the  private  compartments,  to 
go  into  the  first,  second  or  third  compartment,  in  which  were 
the  men  placed  there  by  him  to  take  charge  of  the  folding  of 
the  tickets.      Mr.  Aeschbach,  one  of  the  Republican  inspectors 
of  election,  almost  continuously  protested  against  this  proceed- 
ing and  called  the  attention  of  the  election  board  and  of  the 
officers  to  it,  and  requested  that  it  be  discontinued,  but  no  heed 
was  given  to  his  protest.     The  chairman  of  the  board  of  inspect- 
ors, one  John  O'Oonnell,  had  organized  the  board  in  the  morning, 
but  almost  immediately  left  the  booth  claiming  to  have  appointed 
James  Bowe  to  take  his  place  upon  said  board,  who  proceeded 
to  fill  the  position   of  chairman  of  said  board   without  being 
sworn  and  without  any  right  whatever  to  hold  that  position.     A 
brother  of  said  Bowe  also  then  assumed    to    act    as    inspector 
without    legal    appointment    and    without    being  sworn.     Said 
O'Connell  did  not  again  appear  at  the  booth  until  the  voting 
was  mostly  done.     The  voting  from  the  time  the  polls  opened 
until  about  half  past  ten  or  eleven  o'clock  proceeded  very  rapidly, 
and  was  largely  done  by  the  supporters  of  said   Sheehan  for 
alderman,   and   the  voters  came  largely  from   what  is  known 
as   the   colonized   districts,   namely,   19,  85  and  133  Main  street, 
165  Washington  street,  and  33  Exchange  street.     Mr.  Thayer, 
a  highly-respected  citizen  of  Buffalo,  and  a  man  belonging  to 


CONSTITUTIONAL  CONVENTION.  229 

the  Independent  Democratic  Club  of  the  City  of  Buffalo,  and 
a  lawyer  by  profession,  was  a  duly  appointed  watcher  of  such 
election,  and  entitled  to  a  position  in  said  booth,  where  he  could 
observe  what  took  place  therein. 

.He,  with  difficulty,  obtained  entrance  to  the  booth,  and  pro- 
ceeded to  make  minutes  of  what  there  took  place,  when  the  said 
Kennedy,  without  cause,  ordered  him  to  be  put  out,  and  he 
was  thereupon  summarily  ejected  by  the  dog-catcher;  where- 
upon Mr.  Thayer  went  to  one  of  the  judges  of  the  Superior  Court 
of  said  city  and  made  application  upon  affidavit  for  a  warrant 
for  the  arrest  of  Kennedy.  Sheriff  Beck,  of  Erie  county,  was 
sent  for  by  the  judge,  and  the  warrant  was  placed  in  his  hands 
in  the  forenoon  of  said  election  day,  and  said  sheriff  was  told 
where  said  Kennedy  could  be  found.  The  sheriff  promised 
Thayer  to  meet  him  presently,  at  the  booth,  but  when  off  in 
some  other  direction.  Mr.  Thayer,  however,  went  immediately 
to  the  booth  and  there  remained  for  several  hours,  but  the 
sheriff  did  not  appear  until  about  four  o'clock  in  the  afternoon. 
Just  before  his  appearance  said  Kennedy,  who  had  been  within 
the  booth  all  day,  left  the  booth,  whereupon  the  sheriff  entered, 
remained  for  a  very  few  minutes,  and  departed,  and  almost 
immediately  on  his  departure,  the  said  Kennedy  re-entered  the 
booth  and  was  not  arrested  under  said  warrant.  On  the  day 
before  election,  129  warrants  were  issued  for  the  arrest  of  all 
persons  who  had  registered  as  voters  from  133  Main  street.  All 
these  warrants  were  placed  in  the  hands  of  a  police  officer,  one 
O'Donnell.  This  officer  went  at  nine  o'clock  in  the  evening  before 
election  to  said  133  Main  street,  for  the  ostensible  purpose  of 
arresting  the  persons  against  whom  the  warrants  were  issued 
for  fraudulent  registration,  but  found  none  of  said  persons  there. 
He  returned  again  at  about  eleven  o'clock  at  night,  and  found 
none  of  said  persons  there.  He  again  went  on  the  morning 
of  election  day  at  about  nine  o'clock  A.  M.,  and  found  none  of 
said  persons,  but  it  appears  that  sixty-three  of  the  persons  who 
registered  from  133  Main  street,  voted  at  said  election  in  the 
said  Fourth  district.  It  also  appears  that  shortly  prior  to  elec- 
tion day,  Kilcourse,  who  was  one  of  the  prime  movers  in  the 
fraudulent  scheme  to  prevent  an  honest  election  in  said  Fourth 
district,  took  a  lease  of  said  No.  133  Main  street,  and  paid  the 
rent  for  October  and  November,  and  immediately  after  the  elec- 
tion, vacated  the  premises.  In  regard  to  No.  33  Exchange 
street,  the  committee  reports  that,  prior  to  election,  the  landlord 


230  JOURNAL  OF  THE 

had  taken  proceedings  to  recover  possession  of  said  premises, 
and  that  the  tenant  had  been  put  out  of  possession,  and  that 
the  premises  were  vacated  several  days  before  election,  and  that 
there  were  no  voters  nor  occupants  of  said  building  upon  elec- 
tion day,  and  .yet  it  appeared  from  the  poll-list  of  voters,  that 
thirty-five  persons  were  registered  and  many  of  them  voted 
from  said  33  Exchange  street  on  election  day. 

During  the  progress  of  the  voting  persons  who  were  sup- 
porters of  Sheehan  and  who  intended  to  vote  for  him  were 
taken  by  the  deputy  sheriffs  and  prize-fighters  to  the  head  of  the 
line,  out  of  turn,  and  were  passed  into  the  booth  to  vote  and  did 
vote,  while  respectable  citizens,  who  were  not  supporters  of 
Sheehan,  and  who  had  stood  in  line  until  they  came  to  the  door, 
were  not  allowed  to  enter  until  Kennedy,  Kilcourse  and  the 
deputy  sheriffs  saw  fit  to  permit  them.  Many  voters  who  were 
not  supporters  of  Sheehan  were  without  cause  pushed  out  of 
the  line,  struck,  and  thrown  into  the  street,  while  the  roughest 
element  held  full  sway,  and  entire  control  of  the  approach  to. 
the  booth  and  of  the  election  machinery.  The  deputy  sheriffs, 
prize-fighters  and  the  election  officers,  who  were  the  supporters 
of  Sheehan  for  alderman,  were  all  acting  in  concert  to  prevent 
a  fair  election  and  to  allow  illegal  votes  to  be  cast  for  said 
Sheehan.  These  persons  did  succeed  in  their  corrupt  conspiracy 
in  taking  entire  charge  of  said  election  district  and  in  preventing 
a  fair  and  honest  election.  Moreover  their  acts  are  illegal,  cor- 
rupt and  fraudulent  to  such  an  extent  that  there  was,  in  reality, 
no  legal  election  in  such  district. 

The  returns  show  precisely  the  same  number  of  votes  cast  for 
every  candidate  voted  for  at  the  election  of  1893,  in  said  Fourth 
district. 

It  follows  then  that  the  return  does  not  state  the  number  of 
legal  votes  cast  at  such  election,  and  that  there  is  included  in 
the  returns  a  large  number  of  illegal  votes  which  were  counted 
for  said  Herman  F.  Trapper  and  Charles  Beckwith,  and  that 
said  election  was  not  a  fair  and  honest  expression  of  the  opinion 
and  choice  of  the  legal  voters  of  said  district,  and  the  acts  of  the 
election  board  and  the  other  officers  were  so  fraudulent  as  to 
render  the  proceedings  in  the  said  Fourth  district  on  November  7, 
1893,  no  election  at  all.  It  is  but  just,  however,  to  say  that 
neither  Mr.  Beckwith  nor  Mr.  Trapper  is  chargeable  with  any  act 
which,  in  the  slightest  degree,  reflects  upon  their  character  or  that 


CONSTITUTIONAL  CONVENTION.  231 

indicates  that  they  were,  in  any  way,  cognizant  of  or  responsible 
for  the  fraudulent  acts  or  proceedings. 

The  committee,  therefore,  have  concluded  that  the  return  made 
by  the  board  of  inspectors  of  election  for  said  Fourth  district  in 
the  First  ward  of  Buffalo,  in  said  Thirtieth  Senatorial  district, 
should  be  disregarded  and  treated  as  null  and  void,  and  that  the 
vote  in  said  Senatorial  district  should  be  counted  as  follows: 
Harvey  W.  Putnam,  13,944;  Thomas  A.  Sullivan,  13,773;  Charles 
Beckwith,  13,594;  Herman  F.  Trapper,  13,588.  The  committee 
further  report  that  said  Harvey  W.  Putnam  received  a  majority 
of  the  legal  votes  cast  in  said  Senatorial  district  over  said  Charles 
Beckwith  of  350  votes,  and  over  said  Herman  Trapper  of  356 
votes;  and  said  Thomas  A.  Sullivan  received  a  majority  of  the 
legal  votes  cast  in  said  Senatorial  district  over  said  Charles 
Beckwith  of  179  votes  and  over  said  Herman  F.  Trapper  of  185 
votes,  and  that  said  Harvey  "W.  Putnam  and  Thomas  A.  Sullivan 
are  duly  elected  delegates  for  said  Thirtieth  Senatorial  district  to 
this  Convention,  and  are  entitled  to  seats  therein. 

The  committee,  therefore,  recommends  the  passage  of  the  fol- 
lowing resolutions: 

First  —  Resolved,  That  Herman  F.  Trapper  and  Charles  Beck- 
with are  not  entitled,  as  delegates  from  the  Thirtieth  district,  to 
the  seats  now  occupied  by  them  in  this  Convention. 

Second  —  Eesolved,  That  Harvey  W.  Putnam  and  Thomas  A. 
Sullivan  are  duly  elected  delegates  from  the  Thirtieth  Senatorial 
distrist,  and  are  entitled  to  the  seats  in  this  Convention  now 
occupied  by  Herman  F.  Trapper  and  Charles  Beckwith. 

Dated  June  14,  1894. 

M.  H.  HIRSCHBERG, 

Chairman. 

Mr.  Springweiler  moved  that  said  report  be  printed  and  made 
a  special  order  for  Wednesday,  June  twenty-seventh. 

Mr.  Bowers  offered  the  following  as  a  substitute  for  the  motion 
of  Mr.  Springweiler  : 

That  the  evidence  taken  by  the  Committee  on  Privileges  and 
Elections  be  printed  and  delivered  to  the  members  of  the  Con- 
vention before  the  consideration  of  the  report. 

Mr.  Peck  moved  to  lay  the  whole  matter  on  the  table  and  that 
the  brief  of  the  counsel  of  the  contestees  be  printed. 


232  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Mr.  Bowers  withdrew  his  substitute. 

Mr.  Bowers  moved  to  amend  the  motion  of  Mr.  Spring  weiler 
by  adding  at  the  end  thereof: 

"  That  the  brief  of  the  contestees  be  printed,  and  that  the  sub- 
ject of  the  printing  of  the  evidence  be  postponed  until  Wednesday, 
June  twentieth. 

Mr.  Dickey  moved  to  amend  the  motion  of  Mr.  Bowers,  by 
striking  out  all  after  the  word  "printed,"  and  inserting  in  lieu 
thereof  "  and  that  the  evidence  taken  shall  not  be  printed." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Dickey, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  amendment  offered  by* 
Mr.  Bowers,  and  it  was  determined  in  the  affirmative. 

Mr.  Cookinham  presented  the  brief  of  the  counsel  for  the  sitting 
delegates. 

Mr.  Mereness  moved  the  previous  question. 

Mr.  President  put  the  question  on  ordering  the  previous  ques- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  the  motion  of 
Mr.  Springweiler,  as  amended  by  Mr.  Bowers,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Roche  offered  a  resolution  in  words  following  : 
Resolved,    That    one    thousand  extra  copies  of  constitutional 

amendments  numbers  '199,  200,  67,  10  and  26,  respectively,  be 

printed  for  the  use  of  the  Convention. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

On  motion  of  Mr.  Truax,  at  12.50,  the  Convention  adjourne< 


CONSTITUTIONAL  CONVENTION.  233 

Friday,  June   15,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Kev.  D.  W.  T.  Van  Doren. 

The  Journal  of  Thursday,  June  fourteenth,  was  read  an<7 
approved. 

Mr.  President  presented  the  protest  of  the  Central  Labor  Union 
against  the  unseating  of  Delegate  Trapper. 

Referred  to  the  Committee  on  Privileges  and  Elections. 

Also,  a  communication  from  the  secretary  of  the  law  committee 
of  the  Kings  county  G.  A.  R,  relative  to  the  rights  of  State  officers 
who  are  honorably  discharged  soldiers  or  sailors. 

Referred  to  the  Committee  on  Militia  and  Military  Affairs. 

Also,  petitions  of  citizens  of  New  York  and  Brooklyn,  relative 
to  civil  service  reform. 
Referred  to  the  Committee  on  Civil  Service. 

Also,  the  memorial  of  Sidney  S.  Boyce,  relative  to  limiting  ihe 
capitalization  of  corporations. 
Referred  to  the  Committee  on  Corporations. 

Also,  a  communication  from  Thomas  Tyas,  relative  to  new  trials 
in  certain  criminal  cases. 
Referred  to  the  Committee  on  Governor  and  other  State  Officers. 

Mr.  McMillan  presented  petitions  of  citizens  of  Buffalo,  in  favor 
of  a  civil  service  amendment  to  the  Constitution. 
Referred  to  the  Committee  on  Civil  Service. 

Mr.  Foote  presented  petitions  of  citizens  of  Rochester  on  the 
same  subject. 
Referred  to  the  Committee  on  Civil  Service. 

Mr.  Alvord  presented  the  petition  of  citizens  of  Syracuse  on  the 
same  subject.  f 

Referred  to  the  Committee  on  Civil  Service. 

Mr.  Foote  presented  the  memorial  of  citizens  of  New  York  city 
against  sectarian  appropriations. 
Referred  to  the  Committee  on  Charities. 


234  JOURNAL  OF  THE 

217. — Mr.  Towns  presented  a  proposed  amendment  to  article  3, 
sections  1  to  21  of  the  Constitution,  relative  to  legislative  organi- 
zation and  powers. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

218.— By  Mr.  E.  M.  Johnston: 

A  proposed  amendment  to  article  4,  section  5  of  the  Constitu- 
tion, relative  to  the  pardoning  power  of  the  Governor. 
Referred  to  the  Committee  on  Governor  and  other  State  Officers. 

219.— By  Mr.  Riggs: 

A  proposed  amendment  to  article  8,  section  4  of  the  Constitu- 
tion, in  reference  to  banking  and  trust  companies. 

Referred  to  the  Committee  on  Banking  and  Insurance. 

220.— By  Mr.  C.  H.  Truax: 

A  proposed  amendment  to  article  1,  section  10  of  the  Constitu- 
tion, relative  to  lotteries. 
Referred  to  the  Committee  on  Preamble. 

221.— By  Mr.  Parmenter: 

A  proposed  amendment  to  article  10,  section  2  of  the  Constitu- 
tion, relative  to  the  mode  of  changing  county,  city,  town  and 
village  officers. 

Referred  to  the  Committee  on  County,  Town  and  Village 
Officers. 

222.— By  Mr.  Abbott  (by  request): 

A  proposed  amendment  to  article  2,  section  1  of  the  Constitu- 
tion, relative  to  the  suffrage. 
Referred  to  the  Committee  on  Suffrage. 

223.— By  Mr.  Foote: 

A  proposed  amendment  to  article  2,  section  5  of  the  Constitu- 
tion, defining  the  meaning  of  the  term  "  ballot." 

Referred  to  the  Committee  on  Suffrage. 

224. — Also,  a  proposed  amendment  to  article  2,  section  1  of  the 
Constitution,  relative  to  submitting  to  the  people  the  question  ol 
female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 


CONSTITUTIONAL  CONVENTION.  235 

225.— By  Mr.  Carter: 

A  proposed  amendment  to  article  6,  section  18  of  the  Constitu- 
tion, relative  to  justices  of  the  peace. 

Referred   to   the   Committee   on    County,   Town   and   Village 
Officers. 

226.— By  Mr.  Porter: 

A  proposed  amendment  to  article  10,  section  10  of  the  Constitu- 
tion, relative  to  the  qualifications  of  coroners. 

Referred   to   the   Committee   on    County,   Town   and    Village 
Officers. 

227. — Also,  a  proposed  amendment  to  article  3,  sections  2  to  5 
of  the  Constitution,  providing  for  minority  representation. 

Referred  to  the  committee  on  Legislative  Organization. 

228.— By  Mr.  Davis: 

A  proposed  amendment  to  article  1,  section  7  of  the  Constitu- 
tion, relative  to  the  rights  of  owners  of  private  property. 
Referred  to  the  Committee  on  Preamble. 

229.— By  Mr.  Root: 

A  proposed  amendment  to  article  4,  section  9  of  the  Constitu- 
tion, relative  to  the  veto  power. 
Referred  to  the  Committee  on  Governor  and  other  State  Officers. 

230.— By  Mr.  Tekulsky: 

A  proposed  amendment  to  article  1,  section  10  of  the  Constitu- 
tion, relative  to  the  right  of  petition,  divorces  and  lotteries. 
Referred  to  the  Committee  on  Preamble. 

231.— By  Mr.  Lincoln: 

A  proposed  amendment  to  article  6  of  the  Constitution,  to 
establish  a  court  of  claims. 
Referred  to  the  Committee  on  Judiciary. 

232.— By  Mr.  Bigelow: 

A  proposed  amendment  to  article  2,  section  1  of  the  Constitu- 
tion, relative  to  female  suffrage. 
Referred  to  the  Committee  on  Suffrage. 


236  JOURNAL  OF  THE 

Mr.  Hamlin,  from  the  Committee  on  Printing,  reported  in  words 
following: 

In  Convention,  June  12,  1894. 

The  Committee  on  Printing,  to  whom  was  referred  the  resolu- 
tion offered  by  Mr.  Banks,  relating  to  underscoring  of  certain 
portions  of  printed  matter  to  be  submitted  to  the  Convention,  do 
hereby  recommend  the  acceptance  and  adoption  of  the  following 
portion  of  said  resolution,  viz.: 

Eesolved,  That  when  a  proposed  constitutional  amendment  is 
introduced  amending  existing  sections  of  the  Constitution,  the 
new  matter  shall  be  underscored,  and,  when  printed,  shall  be 
italicized,  and  all  portions  of  such  resolutions  proposed  to  be 
omitted  by  the  amendment  shall  be  included  in  brackets. 

F.  H.  HAMLIN,      . 
Chairman. 

Mr.  President  put  the  question  on  the  adoption  of  said  report,  and 
it  was  determined  in  the  affirmative. 

Mr.  Hamlin,  from  the  Committee  on  Printing,  also  reported  the 
following:  ! 

In  Convention,  June  12,  1894. 

The  Committee  on  Printing  would  respectfully  report  and 
request  the  adoption  of  the  following  resolution: 

Kesolved,  That  the  Compiler,  or  other  person  having  charge  of 
the  files  of  the  Convention,  hereafter  furnish  250  copies  of  each 
of  the  papers  required  for  such  files;  properly  punctured  and  per- 
forated in  such  manner  as  to  facilitate  filing  the  same. 

F.  H.  HAMLIN, 

Chairman. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Gilbert,  from  the  Select  Committee  on  Civil  Service, 
reported  in  words  following: 

The  Committee  on  Civil  Service,  to  which  was  referred  the 
resolution  offered  by  Mr.  E.  M.  Johnston,  calling  upon  the  Gov- 
ernor and  mayors  of  cities  for  information  in  regard  to  the  civil 
service,  do  report  in  favor  of  the  adoption  of  the  following  as  a 
substitute  for  the  original  resolution : 


CONSTITUTIONAL  CONVENTION.  237 

Kesolved,  That  the  mayors  of  the  several  cities  of  the  State  be 
requested  to  forward  to  the  Convention  copies  of  the  civil  service 
rules  of  their  respective  cities  and  reports  of  the  proceedings  there- 
under, together  with  such  other  information-  as  will  aid  the  Con- 
vention in  arriving  at  correct  knowledge  as  to  the  operation, 
effect  and  expense  of  the  Civil  Service  Law  of  the  State. 

JOHN  I.  GILBERT, 
Chairman  Special  Committee  on  Civil  Service. 

Mr.  R.  M.  Johnston  moved  to  amend  said  resolution  by  insert- . 
ing  after  the  word  "  That "  the  words  "  the  Governor  and." 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  said  resolu- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  E.  R.  Brown  offered  a  resolution  in  words  following: 

Resolved,  That  the  Superintendent  of  Public  Buildings  should 
restore  the  rail  in  the  rear  of  the  chamber,  to  protect  the  seats 
of  members. 

Mr.  President  put  the  question  on  the  adoption  of  said  resolu- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  Hirschberg  was  granted  leave  of  absence  from  the  sessions 
of  the  Convention  next  week. 

On  motion  of  Mr.  Mantanye,  at  10.43,  the  Convention  adjourned. 


[Tuesday,  June   19,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  Canon  Stewart. 

The  Journal  of  Friday,  June  fifteenth,  was  read  and  approved. 
Mr.  President  presented  memorials  from  citizens  of  New  York 
in  favor  of  civil  service. 

Referred  to  the  Committee  on  Civil  Service. 

Mr.  Bigelow  presented  a  memorial  and  petition  on  the  same 
subject. 

Referred  to  the  Committee  on  Civil  Service. 


238  JOURNAL  OF  THE 

Mr.  Osborn  presented  petitions  from  citizens  of  Putnam  county 
on  the  same  subject. 

Referred  to  the  Committee  on  Civil  Service. 

Mr.  Parkhurst  presented  the  petition  of  citizens  of  Steuben 
county,  asking  State  inspection  of  certain  religious  institutions. 
Referred  to  the  Committee  on  Charities. 

Mr.  Lester  presented  a  petition  from  citizens  of  Saratoga  county 
on  the  same  subject. 

Referred  to  the  Committee  on  Charities. 

Mr.  Barhite  presented  the  petition  of  citizens  of  Rochester  on 
the  same  subject. 

Referred  to  the  Committee  on  Charities. 

Mr.  Alvord  presented  the  petition  of  citizens  of  Syracuse  on 
the  same  subject. 

Referred  to  the  Committee  on  Charities. 

Mr.  Arnold  presented  a  petition  of  citizens  of  Poughkeepsie  in 
favor  of  civil  service. 

Referred  to  the  Committee  on  Choi  Service. 

Mr.  Cady  presented  the  memorial  of  citizens  of  Hudson  against 
sectarian  appropriations. 
Referred  to  the  Committee  on  Education. 

Mr.  Cookinham  presented  the  memorial  of  citizens  of  Utica  on 
the  same  subject. 

Referred  to  the  Committee  on  Education. 

Mr.  President  presented  a  communication  from  the  Manufac- 
turers' Association  of  Kings  and  Queens  counties,  relating  to  ele'c- 
tions,  municipalities  and  taxation. 

Referred  to  the  Committees  on  Legislature,  its  Powers1  and 
Duties;  Cities,  Towns  and  Villages,  and  State  Finances  and 
Taxation. 

Also,  a  communication  from  the  Herkimer  County  Orange,  in 
favor  of  female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 


CONSTITUTIONAL  CONVENTION.  239 

Mr.  President  presented  a  communication  from  the  Superin- 
tendent of  the  Banking  Department,  in  response  to  a  resolution 
of  the  Convention  for  information  as  to  the  savings  banks  in 
the  State  and  the  amount  of  unclaimed  balances  in  said  banks. 

Referred  to  the  Committee  on  Currency,  Banking  and  Insurance. 

233. — Mr.  Tucker  presented  a  proposed  amendment  to  article  11, 
section  1  of  the  Constitution,  relating  to  exemptions  from  militia 
service. 

Referred  to  the  Committee  on  Militia  and  Military  Affairs. 

234.— By  Mr.  Smith: 

A  proposed  amendment  of  article  1,  section  6  of  the  Constitu- 
relative  to  personal  rights  and  compulsory  physical  exami- 
nations in  cases  to  recover  damages  for  personal  injuries* 
Referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

235.— By  Mr.  Roche: 

A  proposed  amendment  to  article  8,  sections  9  and  11  of  the 
Constitution,  relative  to  the  power  of  counties,  cities  and  villages 
;icur  debts. 

Referred  to  the  Committee  on  Cities  and  also  to  County,  Town 
and  Villages,  their  Organization  and  Government. 

23G. — Also,  a  proposed  amendment  to  article  6,  section  19  of 
the  Constitution,  relative  to  justices  of  lower  courts,  their  terms, 
qualifications  and  compensation. 

Referred  to  the  Committee  on  Judiciary. 

237. — By  Mr.  Parmenter: 

A  proposed  amendment  to  article  13  of  the  Constitution,  relat- 
ng  to  future  Constitutional  Conventions. 
Referred  to  the  Committee  on  Constitutional  Amendments. 

238.— By  Mr.  E.  R.  Brown: 

A  proposed  amendment  to  article  1,  section  8  of  the  Constitu- 
tion, relating  to  "  freedom  of  speech  and  of  the  press." 
Referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

239.— By  Mr.  Parkhurst: 

A  proposed  amendment  to  article  2  of  the  Constitution,  provid- 
ing for  the  voting  by  electors  who  are  inmates  of  soldiers  and 
sailors'  homes. 

Referred  to  the  Committee  on  Suffrage. 


240  JOURNAL  OF  THE 

240.— By  Mr.  Pratt: 

A  proposed  amendment  to  article  7  of  the  Constitution,  by  add- 
ing a  section  relating  to  exemptions  from  taxation. 
Referred  to  the  Committee  on  State  Finances  and  Taxation. 

241. — Also,  a  proposed  amendment  to  article  7  of  the  Constitu- 
tion, by  adding  thereto  a  new  section  relating  to  taxation. 

Referred  to  the  Committee  on  State  Finances  and  Taxation. 

Mr.  President  designated  as  reporter,  under  Rule  2,  subdivision 
7,  Mr.  Edward  S.  Luther,  for  Albany  Argus,  New  York  Press  -and 
New  York  Morning  Journal. 

Mr.  Bowers  and  Mr.  Hedges  asked  and  obtained  leave  of 
absence  from  the  sessions  of  the  Convention  to-morrow. 

On  motion  of  Mr.  Root,  at  10.35,  the  Convention  adjourned. 


Wednesday,  June   20,  1894. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  C.  P.  Evans. 

The  Journal  of  Tuesday,  June  nineteenth,  was  read  and 
approved. 

Mr.  President  named  Mr.  Barrow  as  a  member  of  the  Com- 
mittee on  Legislative  Organization  and  Apportionment,  he  having 
been  accidentally  left  off  from  said  committee  when  the  com- 
mittees were  announced. 

Mr.  President  presented  petitions  of  citizens  of  New  York  in 
favor  of  civil  service. 

Referred  to  the  Committee  on  Civil  Service. 

Mr.  Hamlin  presented  a  petition  on  the  same  subject. 
Referred  to  the  Committee  on  Civil  Service. 

Mr.  Barhite,  by  request,  presented  the  petition  of  citizens  of 
Rochester,  asking  a  constitutional  amendment  restricting  the 
traffic  in  intoxicating  liquors. 

Referred  to  the  Committee  on  Legislative  Powers  and  Duties. 


CONSTITUTIONAL  CONVENTION.  241 

Mr.  Durfee  presented  the  protest  of  the  Palmyra  Grange 
against  increasing  the  number  and  salaries  of  Senators  and 
Assemblymen. 

Referred  to  the  Committee  on  Legislative  Powers  and  Duties. 

Mr.  Bigelow  presented  the  address  by  the  Proportional  Rep- 
resentation  Society  of  New  York. 
Referred  to  the  Committee  on  Legislative  Powers  and  Duties. 

Mr.   Parker  presented   the  petition   of  the   Orleans  Baptist 
Association  of  this  State  against  sectarian  appropriations. 
Referred  to  the  Committee  on  Charities. 

Mr.  G.  A.  Davis  presented  petitions  of  citizens  of  Tonawanda 

asking  the  State  inspection  of  certain  religious  institutions. 
Referred  to  the  Committee  on  Charities. 

Mr.  Durfee  presented  the  memorial  of  the  Wayne  County  Coun- 
cil of  Patrons  of  Husbandry,  in  regard  to  the  distribution  of 
public  school  moneys. 

Referred  to  the  Committee  on  Education. 

Mr.  President  presented  the  communication  from  the  Monitor 
Iron  Works  Company,  of  New  York,  relative  to  the  employment 
in  certain  occupations  of  inmates  of  State  prisons. 

Referred  to  the  Committee  on  State  Prisons. 

Mr.  Dean  presented  the  memorial  and  petition  of  citizens  of 
the  30th,  31st  and  32d  Senate  districts  against  sectarian  appro- 
priations. 

Referred  to  the  Committee  on  Education. 

Mr.  Acker  presented  a  memorial  and  petition  from  the  27th, 
28th  and  29th  district  on  the  same  subject: 
Referred  to  the  Committee  on  Education. 

Mr.  Gibney  presented  a  memori  :al  from  the  15th,  16th  and  17th 
districts  on  the  same  subject. 

Referred  to  the  Committee  on  Education. 

Mr.  Wellington  presented  a  memorial  from  the  24th,  25th  and 
26th  districts  on  the  same  subject. 

Referred  to  the  Committee  on  Education. 
16 


242  JOURNAL  OF  THE 

Mr.  Lauterbach  presented  a  memorial  from  the  cities  of  New 
York  and  Brooklyn  on  the  same  subject. 
Referred  to  the  Committee  on  Education. 

Mr.  Francis  presented  a  memorial  from  the  18th  to  the  23d 
districts  on  the  same  subject. 

Referred  to  the  Committee  on  Education. 

Mr.  President  presented  a  communication  from  the  Secretary 
of  State  in  words  following  : 

Albany,  June  19,  1894. 
Hon.  Joseph  H.  Choate, 

President,  Constitutional  Convention, 
Albany,  N.  Y. 

Sir.  —  In  response  to  the  request  of  your  honorable  body, 
under  date  of  the  14th  inst.,  you  are  respectfully  informed  that 
the  records  of  this  office  show  that  the  number  of  indictments  for 
murder  in  the  first  and  second  degrees  found  by  grand  juries  of 
the  several  counties  of  this  State,  from  January  1,  1889,  to 
January  1,  1894,  together  with  "  the  number  of  convictions  of 
each  degree,  had  upon  such  indictments,  including  pleas  of  murder 
in  the  second  degree,"  are  as  follows  : 

INDICTMENTS. 

Murder,  first  degree 174 

Murder,   second   degree 18 

CONVICTIONS. 

Murder,   first   degree 32 

Murder,  second  degree 55 

PLEAS.                                           ;    \ 
Murder,   second   degree 4 

Very  respectfully, 

ANDREW  DAVIDSON, 

Deputy  Secretary  of  State. 

Referred  to  the  Committee  on  State  Prisons. 

Mr.  Forbes  offered  a  resolution  in  words  following  : 

Resolved,  That  the  Committee  on  Apportionment  be  requested 
to  report  immediately  in  regard  to  any  proposed  amendment 
referred  to  them. 


CONSTITUTIONAL  CONVENTION.  243 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the 
rule. 

Mr.  Cady  offered  a  resolution  in  words  following  : 

Eesolved,  That  the  Secretary  forthwith  request  the  mayor  of 
onch  city  in  tho  State,  except  New  York  and  Brooklyn,  to  state 
to  the  Convention  in  writing  on  or  before  the  29th  day  of  June, 
1894,  the  date  on  which  municipal  elections  in  his  city  are  pro- 
vided by  law  to  be  held;  and  whether  any  change  in  the  date  of 
such  elections  has  been  made  within  the  five  years  last  past, 
and  if  so,  what  change;  and  whether  any  unsuccessful  attempt 
has  been  made  Within  that  period  to  change  such  date  by  bill 
introduced  in  the  Legislature,  and  if  such  change  has  been  so 
suggested,  the  date  on  which  it  was  proposed  to  hold  such 
elections. 

Resolved,  That  when  such  information  shall  have  been  received 
the  answers  of  the  respective  mayors  shall  be  printed  as  one  docu- 
ment and  be  placed  on  the  files  of  the  Convention  without 
further  order. 

Eef erred  to  the  Committee  on  Cities. 

Mr.  Pratt  offered  a  resolution  in  words  following  : 
Resolved,  That  the  Comptroller  of  the  State  be  requested  to 
furnish  to  this  Convention,  at  as  early  a  date  as  practicable,  a 
statement  of  all  property  situate  within  the  several  counties  of 
this  State  exempt  from  taxation  under  the  laws  of  this  State,  as 
shown  by  the  statements  of  the  clerks  of  the  boards  of  super- 
visors of  the  several  counties  of  the  State,  transmitted  to  the 
Comptroller  under  and  in  pursuance  of  chapter  525  of  the  Laws  of 
1893. 

Also,  the  value,  kind,  nature  and  character  of  such  exempt 
property  so  far  as  the  same  is  shown  by  said  statements  of  said 
clerks  of  said  boards  of  supervisors. 

Referred  to  the  Committee  on  State  Finances  and  Taxation. 

242  —  Mr.  Floyd  presented  a  proposed  amendment  to  article 
1  of  the  Constitution,  relative  to  the  right  of  Indians  to  buy  and 
sell  land. 

Referred  to  the  Committee  on  Indians, 


244  JOURNAL  OF  THE 

243  — By  Mr.  Jenks  : 

A  proposed  amendment  to  article  9  of  the  Constitution,  giv- 
ing certain  executive  officers  of  cities,  seats  in  local  legislative 
bodies. 

Referred  to  the  Committee  on  Cities. 

244  — By  Mr.  Sandford  : 

A  proposed  amendment  to  article  9  of  the  Constitution,  rel- 
ative to  the  Board  of  Regents. 

Referred  to  the  Committee  on  Education. 

245  —  By  Mr.  Forbes  : 

A  proposed  amendment  to  article  7,  section  3  of  the  Constitu- 
tion, relating  to  canals. 

Referred  to  the  Committee  on  Canals. 

246  —  By  Mr.  Holls  : 

A  proposed  amendment  to  article  10  of  the  Constitution,  to 
improve  methods  of  legislation. 

Referred  to  the  Committee  on  Legislative  Powers. 

247  —  By  Mr.  Lester  : 

A  proposed  amendment  to  article  6,  section  13  of  the  Constitu- 
tion, relative  to  the  compensation  of  the  judiciary. 
Referred  to  the  Committee  on  Judiciary. 

Mr.  Vedder,  from  the  Committee  on  Powers1  and  Duties  of  the 
Legislature,  to  which  was  referred  the  overture  introduced  by 
Mr.  Lauterbach,  introductory  No.  34,  entitled  "Proposed  consti- 
tutional amendment  to  amend  section  1  of  article  12,  relating  to 
the  oaths  of  officers,"  etc.,  reported  adversely  thereto. 

Mr.  Goodelle  moved  to  lay  said  report  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Mr.  President  put  the  question  on  agreeing  to  said  report,  and 
it  was  determined  in  the  affirmative. 

Mr.  Parkhurst,  from  the  Committee  on  County,  Town  and 
Village,  Officers,  to  which  was  referred  the  constitutional  amend- 
ment introduced  by  Mr.  R.  M.  Johnston,  introductory  No.  62, 
entitled  "  An  overture  to  amend  section  18,  article  6,  relating  to 
justices  of  the  peace  in  cities,"  and  reports  back  said  constitu- 


CONSTITUTIONAL  CONVENTION.  245 

tional  amendment  with  the    request    that    said    committee    be 
discharged  from  the  further  consideration  of  said  amendment. 

Mr.  President  put  the  question  on  the  adoption  of  said  report,  and 
it  was  determined  in  the  affirmative,  and  said  constitutional 
amendment  was  referred  to  the  Committee  on  Cities. 

Mr.  Root,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  resolution  introduced  by  Mr.  Titus,  relative  to  infor- 
mation from  district  attorneys,  touching  the  number  of  appeals 
in  criminal  cases  taken  in  their  respective  counties,  reported  in 
favor  of  the  passage  of  the  same,  amended  so  as  to  read  as  follows : 

Resolved,  That  the  county  clerks  of  the  various;  counties  in 
this  State  be  requested  to  furnish  forthwith  to  this  Convention, 
a  statement  showing  the  number  of  appeals  in  criminal  cases 
taken  in  their  respective  counties  for  each  of  the  five  years  last 
past. 

Mr.  President  put  the  question  on  the  adoption  of  said  report,  and 
it  was  determined  in  the  affirmative, 

Mr.  President  announced  the  special  order,  being  the  subject 
of  printing  the  evidence  taken  in  the  matter  of  the  contests  by 
Harvey  W.  Putnam  and  Thomas  A.  Sullivan,  for  the  seats  now 
held  by  Charles  Beckwith  and  Herman  F.  Trapper. 

In  connection  therewith  Mr.  Cookinham  offered  the  following 
resolution  : 

Resolved,  That  the  evidence  in  the  contested  election  case  of 
Harvey  W.  Putnam  and  Thomas  A.  Sullivan  against  Charles 
Beckwith  and  Herman  F.  Trapper,  shall  not  be  printed, 

Mr.  Alvord  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Alvord, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  resolution  offered  by  Mr. 
Cookinham,  and  it  was  determined  in  the  affirmative. 

Mr.  Griswold  offered  a  resolution  in  words  following  : 
Resolved,  That  in  the  absence  of  any  printed  copies  of  the 
evidence  in  the  election  contest,  that  the  chairman  of  the  Com- 
mittee on  Contested  Elections  give  into  the  custody  and  control 
of  Mr.  Trapper,  until  the  termination  of  said  contest,  two  of  the 
stenographic  copies  of  the  evidence. 


246  JOURNAL  OF  THE 

Mr.  McClure  moved  to  amend  by  adding  at  the  end  "  that  the 
third  copy  of  such  evidence  be  placed  upon  the  Secretary's  desk 
to-morrow." 

Mr.  Griswold  accepted  the  amendment. 

Mr.  Crosby  moved  the  previous  question,  and  it  was  determined 
in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  the  resolu- 
tion offered  by  Mr.  Griswold,  as  amended,  and  it  wa.s  determined 
in  the  affirmative. 

Mr.  Vedder  moved  that  the  Convention  go  into  Committee  of 
the  Whole  on  constitutional  amendment  No.  173,  introductory 
No.  73,  entitled  "Proposed  constitutional  amendment  to  aniend 
section  15  of  article  3  of  the  Constitution,  in  relation  to  the  pas- 
sage of  bills." 

Mr.  E.  K.  Brown  moved  that  the  Convention  now  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  and,  at  11.15,  the  Convention 
adjourned. 


Thursday,  June   21,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Eev.  A.  K.  Duff. 

The   Journal    of   Wednesday,    June    twentieth,    was   read   and 
approved. 

Mr.  Storm  presented  the  memorial  of  the  Society  of  Friends  in 
favor  of  female  enfranchisement. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Bush  presented  a  petition  against  female  suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Powell  presented  petitions  asking  State  inspection  of  certain 
religious  institutions. 

Referred  to  the  Committee  on  Charities. 

Mr.  Davis  presented  petitions  on  the  same  subject. 
Referred  to  the  Committee  on  Charities. 


CONSTITUTIONAL  CONVENTION.  247 

Mr.  Moore  presented  petitions  on  the  same  subject. 
Referred  to  the  Committee  on  Charities. 

Mr.  Spencer  presented  a  petition  on  the  same  subject. 
Referred  to  the  Committee  on  Charities. 

Mr.  Carter  presented  a  memorial  against  sectarian  appropriations. 
Referred  to  the  Committee  on  Charities. 

Mr.  President  presented  petitions  from  Troy  in  favor  of  a  Civil 
Service  Reform. 

Referred  to  the  Committee  on  Civil  -Service. 

Mr.  C.  H.  Lewis  presented  a  petition  on  the  same  subject. 
Referred  to  the  Committee  pn  Civil  -Service. 

Mr.  Bigelow  presented  a  petition  on  the  same  subject. 
Referred  to  the  Committee  on  Civil  Service. 

Mr.  Dean  presented  the  memorial  of  the  National  Reform  Asso- 
ciation asking  the  recognition  of  this  as  a  Christian  government. 
Referred  to  the  Committee  on  Preamble. 

Mr.  Porter  presented  the  resolution  of  the  New  York  Academy 
of  Medicine  and  the  Medical  Club  of  Buffalo. 

Referred  to  the  Committee  on  County,  Town  and  Village  Gov- 
ernment. 

Mr.  President  presented  a  communication  from  the  Clerk  of 
the  Court  of  General  Sessions  of  the  Peace  for  the  city  and 
county  of  New  York,  in  response  to  a  resolution  of  the  Judiciary 
Committee  calling  for  information  from  that  court,  relating  to 
the  coroner's  office  of  said  city. 

Referred  to  the  Committee  on  Judiciary. 

Mr.  A.  H.  Green  offered  a  resolution  in  words  following: 

Resolved,  That  the  State  Railroad  Commission  be  requested 
to  furnish  this  Convention  with  the  following  information 
respecting  each  street  and  elevated  railroad  in  the  cities  of  New 
York  and  Brooklyn,  viz.: 

Name  of  road.  Capital  stock  outstanding ;  actual  cash  received 
for  capital  stock.  Bonds  outstanding;  actual  cash  received  for 
bonds.  Cost  of  road  and  equipment;  taxes  paid  during  last 


248  JOURNAL  OF  THE 

fiscal  year.     Amount  paid  on  account  of  change  of  motive  power. 
Route  of  road. 

Referred  to  the  Committee  on  Railroads. 
Also,  the  following: 

Resolved,  That  the  State  Comptroller  be  respectfully  requested 
to  furnish  this  Convention  with  a  statement  of  the  total  amount 
of  inheritance  taxes;  collected  in  each  of  the  counties  of  this 
State;  also,  the  amount  of  fees  paid  to  each  of  the  county  treas- 
urers, and,  also,  the  amount  of  fees  paid  to  the  appraisers 
appointed  by  the  several  surrogates  for  the  purpose  of  ascertain- 
ing the  taxable  values  of  the  estates  during  the  year  1893. 

Referred  to  the  Committee  on  State  Finances  and  Taxation. 

Mr.  Lester  offered  a  resolution  in  words  following: 

Resolved,  That  as  soon  as  practicable  after  the  fourth  of  July 
the  Convention  adjourn  to  the  village  hall  at  Saratoga  Springs, 
there  to  continue  in  session  during  the  warm  weather  of  July 
and  August,  provided  suitable  arrangements  for  the  accommo- 
dation of  the  Convention  can  be  made  and  that  the  Chair  appoint 
a  committee  of  five  to  investigate  the  accommodations  offered 
and  to  report  upon  their  character  and  sufficiency  and  to  recom- 
mend a  date  for  such  adjournment. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the 
rule. 

Mr.  Cookinham  offered  a  resolution  in  words  following: 

Resolved,  That  when  the  Convention  adjourn  on  Friday,  June 
twenty-ninth,  it  be  to  meet  on  Monday  July  ninth,  at  twelve 
o'clock  noon. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the 

rule. 

Mr.  Kellogg  offered  a  resolution  in  words  following: 
Resolved,  That  this  Convention  request  the  savings  banks  or 
institutions  of  savings  of  this  State  to  furnish  to  the  Banking 
Superintendent  upon  his  demand  for  same  the  amount  of  their 
unclaimed  deposits  without  delay,  and  that  when  such  report  is 
completed  the  -Superintendent  of  Banking  transmit  the  same 
forthwith  to  this  Convention. 

Referred  to  the  Committee  on  Currency,  Banking  and  Insur- 
ance. 


CONSTITUTIONAL  CONVENTION.  249 

Mr.  Goodelle  offered  a  resolution  in  words  following : 
Resolved,  That  hereafter  this  Convention  shall  assemble  at 

eleven  o'clock  A.  M.,  instead  of  ten  o'clock,  until  it  shall  order 

otherwise. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the 

rule. 

Mr.  Cookinham  moved  that  the  courtesies  of  the  Convention 
be  extended  to  Governor  Hogg,  of  Texas,  and  to  the  mayors  of  the 
several  cities  of  the  State  of  Texas,  who  are  now  visiting  in  this 
State,  and  that  a  committee  be  appointed  to  wait  upon  the  Gov- 
ernor and  request  his  presence  in  the  Convention  together  with 
that  of  his  friends. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

The  President  appointed  Mr.  Cookinham  as  such  committee. 

Mr.  Cookinham  appeared  in  the  Convention  accompanied  by 
Governor  Hogg,  and  his  Texas  friends,  and  the  President  invited 
the  Governor  to  a  seat  by  his  side. 

The  Governor  then  briefly  addressed  the  Convention. 

Mr.  Becker  (by  unanimous  consent)  offered  a  resolution  in 
words  following: 

Resolved,  That  three  hundred  (300)  copies  of  the  resolutions 
in  the  Committee  on  Legislative  Organization  in  reference  to 
the  separation  of  city  from  State  and  National  elections,  be 
printed  for  distribution  among  the  members  of  the  committees 
now  engaged  in  conference  with  the  Cities  Committee. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Acker,  from  the  Committee  on  Finance  and  Taxation,  to 
which  was  referred  the  resolution  introduced  by  Mr.  Kellogg, 
entitled,  "Resolution  requesting  report  of  the  Comptroller" 
reported  in  favor  of  the  same  amended  so  as  to  read  as  follows : 

"Resolved,  That  the  Comptroller  be  requested  to  inform  this 
Convention  whether  he  has  any  information  in  his  office  giving 
the  value  of  property  which  is  exempt  from  taxation  in  this  Sitate. 
If  so  to  give  the  value  of  such  property  duly  classified.  Also  the 
location  of  such  property  by  counties  and  its  value." 


2oO  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Hamlin,  from  the  Committee  on  Printing,  made  a  report 
relating  to  the  printing  for  the  Convention,  pursuant  to  the  resolu- 
tion oii'ered  by  Mr.  Cookinhain,  reported  in  words  iollowmg: 

The  Committee  on  Printing,  having  had  referred  to  them  the 
following  resolution  offered  by  Mr.  Cookinham : 

Resolved,  That  the  subject  of  printing  and  publishing  for  the 
Convention,  which  is  not  covered  by  the  rules  or  the  directions  of 
the  Convention  heretofore  given,  be  referred  to  the  Committee  on 
Printing,  with  instructions  to  examine  and  report  thereon,  at  the 
earliest  practical  date,  as  to  what  should  be  printed  and  published, 
and  also  the  best  method  of  doing  the  same,  and  as  to  whom  should 
be  furnished  copies  thereof,  respectfully  report  as  follows: 

First. —  In  regard  to  the  Manual  and  compilations,  your  com- 
mittee are  of  the  opinion  that  it  is  not  desirable  that  the  pictures  of 
the  delegates  to  this  Convention  should  be  distributed  as  public 
documents  through  this  and  other  States,  and  accordingly  offer  the 
following  resolution  and  recommend  its  adoption: 

Resolved,  That  the  719  volumes  of  the  series  known  as  volume  U, 
part  1  of  the  Manual,  be  distributed  among  the  members  of  the 
Convention  as  follows:  To  each  delegate  and  to  the  Secretary  of 
the  Convention,  four  volumes,  and  the  residue  to  the  President,  to 
to  be  disposed  of  by  him  as  he  shall  deem  proper,  and  that  no  more 
be  printed. 

Resolved,  That  the  other  volumes  of  said  Manual  and  compilations- 
be  distributed  as  follows:  To  each  of  the  delegates  and  to  the 
Secretary  of  the  Convention,  three  volumes  of  each  series;  to  the 
State  Library,  two  volumes;  to  the  Senate  library,  two  volumes;  to 
the  Assembly  library,  two  volumes;  to  the  Regents  of  the  University, 
the  residue  thereof,  to  be  distributed  by  them  to  the  public  officers, 
the  incorporated  colleges  and  universities  of  the  State,  and  to 
exchanges,  including  one  set  for  each  of  the  States  and  Territories. 

Second. —  In  reference  to  the  publication,  binding  and  distribution 
of  the  documents,  and  the  debates  and  proceedings  of  the  Convention, 
your  committee  offer  for  your  consideration  and  recommend  for 
adoption  the  following  resolution: 

Resolved,  That  the  verbatim  report  of  the  proceedings  and  debates 
of  the  Convention  which  has  heretofore  been  printed  and  placed  on 
the  files  of  the  delegates,  should  be  continued.  That  hereafter  there 


CONSTITUTIONAL  CONVENTION.  251 

should  be  printed,  daily,  800  copies  thereof,  of  which  twenty-five 
copies  should  be  at  the  disposal  of  the  President,  and  that  in  addition 
thereto  600  copies  should  be  printed  and  bound  and  distributed  as 
follows:  To  each  delegate,  two  copies;  to  the  State  Library,  five 
copies;  to  the  Senate  library,  five  copies;  to  the  Assembly  library, 
five  copies;  to  the  county  clerk  of  each  county,  for  the  library  of  each 
county,  one  copy;  to  the  Regents  of  the  University,  the  residue  of 
said  copies,'  to  be  distributed  by  them  to  the  public  offices  of  the 
State  and  the  incorporated  colleges  and  universities  thereof,  and  to 
exchanges,  including  one  set  to  each  of  the  States  and  Territories. 

Resolved,  further,  That  600  copies  of  all  documents  ordered 
printed  be  bound  and  distributed  in  like  manner. 

Resolved,  further,  That  1,000  copies  of  all  proposed  constitutional 
amendments  be  printed,  of  which  twenty-five  copies  shall  be  at  the 
disposal  of  the  President. 

Third. —  As  to  the  distribution  of  the  report  of  the  proceedings 
oi  the  Convention  among  the  newspapers  of  this  State,  your 
committee  offer  the  following  preamble  and  resolution  for  the 
consideration  of  the  Convention  and  recommend  its  adoption: 

Whereas,  It  is  deemed  due  to  the  people  of  this  State  that  full 
reports  of  the  proceedings  of  this  Convention  be  published  in  current 
form,  your  Committee  on  Printing  submits  the  following  resolution 
and  recommends  its  favorable  consideration  by  the  Convention: 

Resolved,  That  the  Compiler  be  directed  to  enter  into  a  contract 
if  possible,  with  the  Journal  Company  and  The  Argus  Company, 
respectively,  of  the  city  of  Albany,  on  the  following  conditions, 
namely,  to  print  the  entire  proceedings  and  debates  of  this  Conven- 
tion, including  record  of  votes  by  division  and  roll  call,  from  this 
date  until  the  close  of  the  Convention,  for  a  sum  not  exceeding  $7,500 
in  each  newspaper,  provided  said  publishers  will  agree  to  mail  one 
copy  of  their  daily  issue  to  the  office  of  each  newspaper  and  periodical 
in  the  State  of  New  York,  excepting  monthly  and  trade  publications, 
and  to  provide  each  member  of  this  Convention  with  two  copies  of 
the  newspapers  containing  the  proceedings  of  this  Convention;  and, 
also,  provided,  that  said  publishers  waive  all  further  claims  against 
the  State  under  their  contracts  with  the  Compiler  dated 
April  5,  1894. 

Said  papers  to  publish  complete,  each  day,  the  Convention  pro- 
ceedings of  the  day  before,  unless  an  afternoon  or  evening  session 
is  held,  then  such  afternoon  or  evening  proceedings  to  be  published 
not  later  than  the  second1  succeeding  day. 


252  JOURNAL  OF  THE 

Resolved,  That  before  the  said  contract  is  signed,  it  be  first 
submitted  to  the  Committee  on  Printing  and  receive  the  approval  as 
to  details. 

Resolved,  That,  in  the  opinion  of  the  committee,  the  aforesaid 
contract  will  give  all  needful  immediate  publicity  to  the  proceedings 
of  the  Convention,  and  no  other  regular  distribution  of  reports  or 
documents  will  be  required  during  the  session  of  the  Convention. 

All  of  which  is  respectfully  submitted  as  the  recommendations  of 
a  majority  of  the  committee. 

F.  H.  HAM'LIN, 

Chairman. 

Mr.  Alvord  moved  that  said  report  be  laid  upon  the  table  and 
printed  and  made  a  special  order  for  Wednesday  of  next  week. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Hamlin  moved  to  reconsider  the  vote  on  Mr.  Alvord's 
motion. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

248.-^-Mr.  Gibney  presented  a  proposed  amendment  to  article  3 
of  the  Constitution,  empowering  boards  of  supervisors  to  fix  the 
compensation  of  county  and  town  officers. 

Referred  to  the  Committee  on  County,  Town  and  Village 
Government. 

249.— By  Mr.  Lester: 

A  proposed  amendment  to  article  2,  section  3  of  the  Constitu- 
tion, relating  to  gaining  and  losing  a  residence  for  the  purpose  of 
voting. 

Referred  to  the  Committee  on  Suffrage. 

250.— By  Mr.  Pratt: 

A  proposed  amendment  to  article  7,  section  14  of  the  Constitu- 
tion, relating  to  limitations  of  claims  against  the  State. 
Referred  to  the  Committee  on  Judiciary  and  also  to  Canals. 

By  unanimous  consent,  Mr.  Marks  moved  that  the  proposed 
constitutional  amendment,  No.  15,  introductory  No.  15,  entitled 
"  Proposed  amendment  to  section  7  of  article  1,  relating  to  the 


CONSTITUTIONAL  CONVENTION.  253 

taking  of  private  property  for  publice  use,"  which  was  referred 
to  the  Committee  on  Judiciary,  be  also  referred  to  the  Committee 
on  Preamble. 

Mr.  President  pat  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Vedder  moved  that  the  Convention  go  into  Committee  of 
the  Whole  for  the  consideration  of  the  proposed  constitutional 
amendment,  No.  173,  introductory  No.  73,  entitled  "  Proposed  con- 
stitutional amendment  to  amend  section  15  of  article  3  of  the 
Constitution,  in  relation  to  the  passage  of  bills." 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

And  the  Convention  proceeded  in  Committee  of  the  Whole  to 
the  consideration  of  said  constitutional  amendment,  and,  after 
some  time  spent  therein,  Mr.  Alvord,  from  said  committee, 
reported  progress  in  the  same,  and  asked  and  obtained  leave  to 
sit  again. 

Mr.  President  announced  the  substitution  of  E.  C.  Cuyler  in 
place  of  E.  S.  Luther,  as  correspondent  of  the  New  York  Press. 

On  motion  of  Mr.  Eoot,  at  11.45,  the  Convention  adjourned. 


Friday,  June   22,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Kev.  DeWltt  G-.  Rockefeller., 

The  Journal  of  Thursday,  June  twenty-first,    was    read    and 
approved. 

Mr.  President  presented  petitions  from  citizens  of  Brooklyn  in 
favor  of  civil  service  reform. 
Keferred  to  the  Committee  on  Civil  -Service. 

Mr.  E.  A.  Brown  presented  the  petition  of  2,250  citizens  of  Her- 
kimer  county  in  favor  of  female  suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Mr.   Baker  presented   the  memorial   of  the   Oswego   County 
Lodge  of  Good  Templars  on  the  same  subjcet. 

Referred  to  the  Committee  on  Suffrage. 


254  JOURNAL  OF  THE 

Mr.  Francis  presented  petitions  asking  State  inspection  of  cer- 
tain religious  institutions. 

Referred  to  the  Committee  on  Charities. 

Mr.  Platzek  presented  the  petition  of  1,122  citizens  of  New 
York  in  favor  of  female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Mulqueen  offered  a  resolution  in  words   following: 

Resolved,  That  the  Secretary  furnish  the  representatives  of 
the  press,  attending  the  Convention,  a  copy  of  each  proposed 
amendment  and  of  the  Journal,  as  soon  as  printed. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Lester  moved  that  the  resolution  offered  by  him  yesterday 
relating  to  the  holding  of  the  Convention  in  Saratoga,  be  made  a 
special  order  for  Thursday,  June  twenty-eighth. 

Mr.  Mulqueen  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  put  the  question  'on  the  motion  of  Mr.  Lester,  and 
it  was  determined  in  the  affirmative,  two-thirds  of  all  the  Delegates 
elected  to  the  Convention  voting  in  favor  thereof. 

Mr.  McDonough  gave  notice  that  he  would  move  a  call  of 
the  house  on  Thursday  next,  when  the  Saratoga  resolution 
conies  up  for  consideration. 

Mr.  Hamlin  offered  a  resolution  in  words  following: 
Resolved,  That  there  be  printed  for  the  files  of  the  Convention 

500  copies  of  the  proposed  constitutional  amendment,  No.  69,  in 

addition  to  the  number  heretofore  printed. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Leave  of  absence  was  granted  to  Messrs.  McKinstry,  Moore, 
Holls  and  Woodward  for  Tuesday  next.  To  Messrs.  Hamlin, 
Mullen,  Redman,  Pratt,  Abbott,  Hill  and  Deady,  for  Tuesday  and 
Wednesday  next,  and  to  Messrs.  Holcomb  and  Giegerich  for  next 
week. 

Mr.  E.  A.  Brown  moved  that  a  copy  of  the  debates  and  pro- 
ceedings of  the  Convention  be  sent  to  the  Dolgeville  library. 


CONSTITUTIONAL  CONVENTION.  255 

Said  resolution,  giving  rise  to  debate,  was  tabled  under  the 
rule. 

Mr.  Jesse  Johnson  moved  that  a  copy  of  the  debates  and  pro- 
ceedings of  the  Convention  be  sent  to  the  Kings  county  law 
library. 

Said  resolution,  giving  rise  to  debate,  was  tabled  under  the 
rule. 

Mr.  Manley  moved  that  a  copy  of  the  debates  and  pro- 
ceedings of  the  Convention  be  sent  to  the  Queens  county  law 
library. 

Said  resolution,  giving  rise  to  debate,  was  tabled  under  the 
rule. 

Mr.  Acker  moved  that  a  copy  of  the  debates  and  proceedings 
of  the  Convention  be  sent  to  all  the  libraries  in  the  -State. 

Said  resolution,  giving  rise  to  debate,  was  tabled  under  the 
rule. 

By  unanimous  consent,  Mr.  Becker  moved  that  the  vote  by 
which  the  contested  election  case,  Putnam  and  Sullivan  v.  Trap- 
per and  Beckwith,  was  made  a  special  order  for  Wednesday 
next,  be  reconsidered. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  all  the  Delegates  elected 
lo  the  Convention  voting  in  favor  thereof. 

Mr.  Becker  moved  that  said  subject  be  made  a  special  order 
for  Thursday  next,  June  twenty-eighth. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  all  the  Delegates  elected 
to  the  Convention  voting  in  favor  thereof. 

By  unanimous  consent,  Mr.  Alvord  moved  that  the  vote  by 
which  the  report  of  the  Committee  on  Printing  was  made  a 
special  order  for  Wednesday  next,  June  twenty-seventh,  be 
reconsidered. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  all  the  Delegates  -elected 
to  the  Convention  voting  in  favor  thereof. 

Mr.  Alvord  then  moved  that  said  subject  be  made  a  special 
order  for  Thursday  next,  June  twenty-eighth,  immediately  after 
the  consideration  of  the  special  order  previously  made. 


256  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  all  the  Delegates  elected 
to  the  Convention  voting  in  favor  thereof. 

251. — Mr.  Holls  presented  a  proposed  amendment  to  article  8 
of  the  Constitution,  against  State  appropriations  for  sectarian 
schools. 

Eeferred  to  the  Committee  on  Education. 

252.— By  Mr.  Cassidy: 

A  proposed  amendment  to  article  7,  sections  1  to  5  of  the  Con- 
stitution, in  relation  to  the  canal  debt  and  the  maintenance  of 
canals. 

Referred  to  the  Committee  on  Canals  and  also  to  State 
Finances  and  Taxation. 

253.— By  Mr.  W.  H.  Nichols: 

A  proposed  amendment  to  article  2,  section  4  of  the  Constitu- 
tion, relating  to  registration  of  voters. 
Referred  to  the  Committee  on  Suffrage. 

254.— By  Mr.  Hawley: 

A  proposed  amendment  to  article  8,  section  1  of  the  Constitu- 
tion, restricting  the  creation  of  corporations  by  special  act. 

Referred  to  the  Committee  on  Legislature,  its  Powers  and 
Duties. 

255.— By  Mr.  O.  A.  Fuller: 

A  proposed  amendment  to  article  3,  section  20  of  the  Constitu- 
tion, relating  to  taxation., 
Referred  to  the  Committee  on  State  Finances  and  Taxation. 

Mr.  Acker,  from  the  Committee  on  State  Finances  and  Taxa- 
tion, to  which  was  referred  the  resolution  introduced  by 
Mr.  A.  H.  Green,  entitled  "a  resolution  calling  upon 
the  Comptroller  for  a  statement  of  the  local  amount 
of  inheritance  taxes  collected  in  each  of  the  counties; 
also,  amount  of  fees  paid  each  county  treasurer;  also, 
amount  of  fees  paid  to  the  appraisers  appointed  by  the  several 
surrogates,  for  the  purpose  of  ascertaining  the  taxable  values 
of  estates  during  the  year  1893,  reported  in  favor  of  passage  of 
same  without  amendment,  and  recommend  its  adoption  in  words 
following : 


CONSTITUTIONAL  CONVENTION.  257 

"  Kesolved,  That  the  State  Comptroller  be  respectfully  requested 
to  furnish  this  Convention  with  a  statement  of  the  total  amount 
of  inheritance  taxes  collected  in  each  of  the  counties  of  this 
State;  also  the  amount  of  fees  paid  to  each  of  the  county  treas- 
urers, and  also  the  amount  of  feesi  paid  Ito  the  appraisers 
appointed  by  the  several  surrogates  for  the  purpose  of  ascer- 
taining the  taxable  values  of  the  estates  during  the  year  1893." 

Mr.  President  put  the  question  on  said  report,  and  it  was 
determined  in  the  affirmative. 

Mr.  J.  Johnson,  from  the  Committee  on  Cities,  to  which  was 
referred  the  resolution  introduced  by  Mr.  Cady,  entitled  "  resolu- 
tion asking  information  of  the  mayors  of  cities,  reported  in  favor 
of  the  same  with  amendment  and  recommended  its  adoption  in 
words  following: 

"Resolved,  That  the  Secretary  forthwith  request  the  mayor  of 
each  city  in  the  State  except  New  York  and  Brooklyn, 
to  state  to  the  Convention  in  writing  on  or  before 
the  29th  day  of  June,  1894,  the  date  on  which  municipal 
elections  in  his  city  are  provided  by  law  to  be  held;  and  whether 
any  change  in  the  date  of  such  elections  has  been  made  within 
the  ten  years  last  past,  and  if  so  what  change  and  whether  any 
unsuccessful  attempt  has  been  made  within  that  period  to  change 
such  date  by  bill  introduced  in  the  Legislature,  and  if  such 
change  has  been  so  suggested  the  date  on  which  it  was  propoaed 
to  hold  such  elections. 

"  Kesolved,  That  when  such  information  shall  have  been 
received,  the  answers  of  the  respective  mayors  shall  be  printed 
as  one  document  and  be  placed  ,on  the  files  of  the  Convention 
without  further  order." 

Mr.  President  put  the  question  on  the  adoption  of  said  report,  and 
it  was  determined  in  the  affirmative. 

Mr.  J.  Johnson,  from  the  Committee  on  Cities,  to  which  was 
referred  the  resolution  introduced  by  Mr.  A.  H.  Green,  entitled 
"  resolution  asking  for  information  of  mayors  of  New  York  and 
Brooklyn  concerning  street  railways,  reported  in  favor  of  the 
same,  with  some  amendments,  and  recommended  its  adoption  in 
words  following: 

"Resolved,  That  the  mayors  of  the  cities  of  New  York  and 
Brooklyn  be  requested  to  communicate  to  this  Convention  a 
17 


258  JOURNAL  OF  THE 

statement  showing  the  names  of  all  the  companies  owning  or 
claiming  to  own  or  operate  surface  or  elevated  railways  in  said 
cities.  The  amount  of  the  capital  stock  of  said;  companies 
respectively.  The  amount  of  bonds  issued  by  said  companies 
respectively.  The  cost  of  said  railways  respectively.  The  line 
and  route  operated  by  these  railways  respectively,  so  far  as  such 
information  is  within  their  control,  also  that  they  report  the 
amount  of  fees,  licenses  or  percentages  paid  annually  to  the  said 
city  by  each  of  said  companies.  The  total  amount  of  such  per- 
centages, fees  or  licenses  paid  to  the  city  of  New  York  by  the 
Metropolitan  Traction  Company.  The  names:  of  foreign  corpora- 
tions leasing  or  operating  railways  in  said  cities.  The  amount 
of  fees,  licenses  or  percentages  due  to  the  said  cities,  respect- 
ively, by  said  companies  respectively,  and  the  length  of  time 
they  have  remained  unpaid.  The  amount  paid  or  agreed  to 
be  paid  by  any  of  said  companies  on  a  change  of  its  motive 
power.  The  present  market  price  of  the  stock  of  said  com- 
panies, respectively.  And  whether  the  rights,  privileges  or  fran- 
chises of  said  companies,  respectively,  were  obtained  from  the 
Legislature,  or  from  the  city  authorities." 

Mr.  President  put  the  question  on  the  adoption  of  said  report  as 
amended,  and  it  was  determined  in  the  affirmative. 

Mr.  Hedges,  from  the  Committee  on  Militia  and  Military  Affairs, 
to  which  was  referred  the  communication  from  Mr.  L.  C.  De 
Hornergen,  regarding  the  terms  of  office  of  "Honorably  Dis- 
charged Soldiers,  Sailors  and  Marines  of  the  Late  War,"  reported 
the  same  back,  requesting  that  it  be  referred  to  the  Special  Com- 
mittee on  Civil  Service. 

Mr.  President  put  the  question  on  the  adoption  of  said  report,  and 
it  was  determined  in  the  affirmative. 

Said  communication  was  so  referred. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  resolution  introduced  by  Mr.  Lincoln,  entitled 
"resolution  requesting  Congress  to  recommend  and  submit  to 
the  several  States  a  proposed  amendment  to  the  National  Con- 
stitution requiring  all  voters  to  be  citizens,"  reported  adversely 
thereto. 

Mr.  Goodelle  moved  that  said  report  be  made  a  special  order 
for  Thursday  next,  June  twenty-eighth. 


CONSTITUTIONAL  CONVENTION.  259 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  all  the  Delegates  elected 
to  the  Convention  voting  in  favor  thereof. 

By  unanimous  consent,  Mr.  Root  offered  a  resolution  in  words 
following : 

"  Kesolved,  That  the  Committee  on  Rules  be  and  it  is  directed 
to  report,  for  the  consideration  of  the  Convention,  a  rule  fixing 
a  day  after  which  propositions  to  amend  the  Constitution  will 
not  be  received  and  printed  without  special  leave  of  the 
Convention." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of 
the  Legislature,  to  which  was  referred  the  constitutional  amend- 
ment introduced  by  Mr.  Doty,  introductory  No.  124,  entitled  "  Pro- 
posed constitutional  amendment  to  amend  section  18  of  article  3 
of  the  Constitution,  to  prevent  passage  of  local  or  private  acts  in 
form  of  amendment  to  general  laws,"  reported  adversely  thereto, 
which  report  was  agreed  to. 

By  unanimous  consent,  Mr.  Root  offered  a  resolution  in  words 
following : 

"Resolved,  That  the  Committee  on  Judiciary  be  discharged 
from  further  consideration  of  proposed  constitutional  amend- 
ment No.  184,  relating  to  the  use  of  voting  apparatus;  and 
that  the  same  be  referred  to  the  Committee  on  Suffrage." 

Mi'.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Said  constitutional  amendment  was  so  referred. 

By  unanimous  consent,  Mr.  Nichols  offered  a  resolution  in 
words  following:  , 

"Resolved,  That  whenever  a  committee  shall  have  acted 
adversely  in  any  proposed  amendment  to  the  Constitution,  such 
committee  shall  not  report  such  adverse  determination  unless 
requested  in  writing  by  the  members  introducing  such  amend- 
ment, so  to  do."  \ 

Referred  to  the  Committee  on  Rules. 

On  motion  of  Mr.  Barhite,  at  11,10,  the  Convention  adjourned. 


200  JOURNAL  OF  THE 

Tuesday,  June  26,  1894. 

The  Convention  met  pursuant  to  adjournment. 
First  Vice-President  Alvord  in  the  chair. 
Prayer  by  Eev.  Charles  A.  Aldeu. 

The  Journal  of  Friday,  June  twenty-second,  was  read  and 
approved. 

Mr.  Bigelow  offered  a  resolution  in  words  following: 

Whereas,  An  atrocious  crime  has  been  perpetrated  upon  the  soil 
of  a  sister  republic,  which  has  caused  one  of  the  foremost  of  the 
nations  to  mourn,  and  shocked  the  civilized  world. 

The  President  of  France,  while  the  guest  of  the  principal  indus- 
trial city  of  that  republic  and  receiving  the  enthusiastic  homage 
of  its  citizens,  confiding,  as  he  was  abundantly  warranted  in 
doing,  in  their  affection  and  loyalty,  has  been  fatally  stricken  by 
the  murderous  knife  of  an  alien  assassin.  Mindful  of  the  austere 
virtue  and  personal  dignity  of  the  illustrious  victim;  mindful  of 
the  wise,  prudent  and  patriotic  administration  of  the  government 
over  which  he  so  successfully  presided,  in  the  indirect  benefits  of 
which  every  nationality  participated;  mindful  too  of  our  incalcu- 
lable obligations  to  the  people  who  were  first  to  extend  the  hand 
of  fellowship  to  our  infant  republic  in  its  extremity  and  to  wel- 
come it  into  the  family  of  nations. 

Therefore,  be  it  Resolved,  That  we,  the  people  of  the  State  of  New 
York,  in  Constitutional  Convention  assembled,  respectfully  request 
the  Senators  from  this  State,  in  the  Congress  of  the  United  States, 
to  have  conveyed,  through  appropriate  channels,  to  the  bereaved 
family  of  the  late  President  Carnot  and  to  the  government  of  which 
he  was  at  once  the  ornament  and  protector,  the  assurance  of  our 
sympathy  and  of  the  profound  indignation  which  the  dastardly  crime 
to  which  he  has  fallen  a  victim,  has  inspired  the  members  of  this 
Convention  and  the  people  of  this  Commonwealth. 

Extended  remarks  being  made  by  Messrs.  Bigelow,  Root, 
Vedder,  Storm  and  McClure. 

Mr.  President  put  the  question  on  said  resolution,  and  the  same 
was  unanimously  adopted  by  a  rising  vote. 


CONSTITUTIONAL  CONVENTION.  261 

Mr.  Powell  presented  the  petition  of  citizens  of  Kings  county  in 
favor  of  female  suffrage. 
'   Referred  to  the  Committee  on  Suffrage. 

Mr.  Barhite  presented  the  memorial  of  citizens  of  Monroe 
county  against  sectarian  appropriations. 

Referred  to  the  Committee  on  Charities. 

Mr.  Tucker  presented  the  memorial  and  petition  of  the  National 
Christian  League  for  the  promotion  of  social  purity  in  favor  of 
female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Porter  presented  the  memorial  of  the  Erie  County  Medical 
Society  relative  to  the  qualifications  of  coroner. 

Referred  to  the  Committee  on  County,  Town  and  Village 
Officers, 

Mr.  McArthur  presented  the  petition  of  the  Glens  Falls  Typo- 
graphical Union  against  convict  labor. 

Referred  to  the  Committee  on  State  Prisons. 

Mr.  President  presented  petitions  of  citizens  of  New  York  in 
favor  of  civil  service. 

Referred  to  the  Committee  on  Civil   Service. 

Mr.  McLaughlin,  from  the  Committee  on  County,  Town  and  Vil- 
lage government,  offered  a  resolution  in  words  following : 

Resolved,  That  the  Committee  on  County,  Town  and  Village 
Government  be  discharged  from  further  consideration  of  proposed 
constitutional  amendment  No.  88,  relating  to  suffrage,  and  that 
the  same  be  referred  to  the  Committee  on  Suffrage. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

256. — Mr.  C.  H.  Truax  presented  a  proposed  amendment  to 
article  14  of  the  Constitution,  relative  to  the  time  at  which  the 
amended  Constitution  shall  go  into  effect. 

Referred  to  the  Committee  on  Constitutional  Amendments. 
257.— By  Mr.  Burr: 

A  proposed  amendment  to  article  8  of  the  Constitution,  rela- 
tive to  corporations. 


262  JOURNAL  OF  THE 

Referred  to  the  Committee  on  Railroads;  also  Industrial 
Interests. 

258.— By  Mr.  Lauterbach: 

A  proposed  amendment  to  article  2  of  the  Constitution,  rela- 
tive to  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

259. — Also,  a  proposed  amendment  to  the  Constitution  creat- 
ing a  State  Board  of  Charities. 

Referred  to  the  Committee  on  Charities, 

260.— By  Mr.  Van  Denbergh: 

A  proposed  amendment  to  article  6  of  section  13  of  the  Con- 
stitution relative  to  the  official  terms  and  compensation  of  jus- 
tices of  the  Supreme  Court  and  Court  of  Appeals. 

Referred  to  the  Committee  on  Judiciary. 

261.— By  Mr.  Goodelle: 

A  proposed  amendment  to  article  1,  section  6  of  the  Constitu- 
tion, relative  to  the  right  of  defendants  in  criminal  prosecutions 
to  be  confronted  with  the  witnesses  against  them. 

Referred  to  the  Committee  on  Preamble. 

On  motion  of  Mr.  Kellogg,  at  11.05,  the  Convention  adjourned. 

Wednesday,  June   27,  1894. 

The  Convention  met  pursuant  to  adjournment. 
First  Vice-President  Alvord  in  the  chair. 
Prayer  by  Rev.  J.  H.  Messenger. 

The  Journal  of  Tuesday,  June  twenty-sixth,  was  read  and 
approved./ 

Mr.  Durfee  presented  a  petition  in  favor  of  civil  service. 
Referred  to  the  Committee  on  Civil  Service. 


Mr.  Hirschberg  presented  a  petition  on  the  same  subject. 
Referred  to  the  Committee  on  Civil  Service. 


Also,   the  memorial   of  citizens  of  Hamlin,  N.   Y.,  asking  the 
taxation  of  church  property. 
Referred  to  the  Committee  on  Charities. 


CONSTITUTIONAL  CONVENTION.  263 

Mr.    Durfee   presented   the    memorial   of   the   Eastern    Wayne 
Christian  Endeavor  Union  against  sectarian  appropriations. 
Referred  to  the  Committee  on  Charities. 

Mr.  Lincoln  presented  a  petition  of  citizens  of  Cattaraugus  county 
in  favor  of  female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Mereness  presented  the  petition  of  citizens  of  Lewis  county 
ia  favor  of  female  suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Meyenborg  offered  a  resolution  in  words  following: 
Resolved,  That  the  Superintendent  of  the  Capitol  be  and  he  hereby 
is  requested  to  have  the  water  tanks  in  the  Convention  Chamber 
supplied  with  pure  spring  water  at  an  expense  not  to  exceed  two 
dollars  per  day,   to  be  paid  out  of  the  contingent  fund  of  this 
Convention. 
Referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Cookinham  called  up  the  resolution  previously  offered  by  him, 
in  words  following: 

Resolved,  That  when  the  Convention  adjourns  on  Friday,  June 
twenty-ninth,  it  be  to  meet  on  Monday,  July  ninth,  at  12  o'clock, 
noon. 

Mr.  Lincoln  offered  the  following  as  a  substitute: 

Resolved,  That  when  this  Convention  adjourns  on  Friday,  the 

twenty-ninth  inst,    it   be   to   meet    on    Thursday,    July   fifth,   at 

10  o'clock  A.  M. 

Mr.  Groodelle  moved  that  the  subject  lay  upon  the  table  and  that 
it  be  made  a  special  order  for  Thursday  morning  immediately  after 
the  reading  of  the  Journal. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative,  two-thirds  of  all  the  Delegates  elected  to 
the  Convention  not  voting. 

Mr.  President  put  the  question  on  the  substitute  offered  by 
Mr.  Lincoln,  and  it  was  determined  in  the  negative. 

Mr.  Vedder  moved  that  the  subject  be  postponed  until  to-mor- 
row morning,  and  that  it  be  made  a  special  order  for  half  past 
ten  o'clock. 


264  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder,  and 
it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Alvord,  Arnold,  Baker,  Barnum,  Barrow,  Brown, 
E.  A.;  Brown,  E.  R;  Cady,  Carter,  Church,  Coleman,  Davies,  J.  C.; 
Burfee,  Faber,  Floyd,  Foote,  Francis,  Fuller,  C.  A.;  Fuller,  O.  A.; 
Gilbert,  Goeller,  Goodelle,  Hedges,  Lewis,  C.  H.;  Lyon,  Marshall, 
McMillan,  Powell,  Riggs,  Rogers,  Smith,  Steel e,  W.  H.;  Truax, 
C.  H.;  Van  Denbergh,  Vedder,  Vogt,  Wellington  —  37. 

Noes  —  Messrs.  Acker,  Ackerly,  Banks,  Barhite,  Bigelow,  Blake, 
Bowers,  Burr,  Bush,  Campbell,  Cassidy,  Chipp,  Jr.;  Clark,  G-.  W.; 
Clark,  H.  A.;  Cochran,  Cookinham,  Cornwell,  Crosby,  Curran, 
Danforth,  Davenport,  Davis,  G.  A.;  Dean,  Deyo,  Dickey,  Doty, 
Durnin,  Emmet,  Farrell,  Fields,  Fitzgerald,  T.  W.;  Forbes,  Gal- 
inger,  Gibney,  Gilleran,  Green,  A.  H.;  Green,  J.  I.;  Griswold, 
Herzberg,  A.;  Hirschberg,  M.  H.;  Holls,  Hotchkiss,  Hottenroth, 
Jenks,  Johnson,  I.  Sam ;  Johnson,  J. ;  Kellogg,  Kirnmey,  Lauterbach, 
Lester,  Lewis,  M.  E.;  Lincoln,  Mantanye,  Marks,  Maybee,  McArthur, 
McClure,  McCurdy,  McDonough,  McLaughlin,  C.  B.;  Mereness, 
Meyenborg, Morton, Mullen,  Mulqueen,  Nichols, W.  H.; Nicoll, De L.; 
Ohmeis,  Osborn,  Parker,  Parmenter,  Peabody,  Peck,  Phipps, 
Platzek,  Pool,  Porter,  Roche,  Roderick,  Spencer,  Springweiler, 
Steele,  A.  B.;  Storm,  Sullivan,  Tibbetts,  Titus,  Towns,  Truax,  C.  S.; 
Tucker,  Turner,  Veeder,  Whltmjer,  Wiggins,  Williams,  Wood- 
ward —  95. 

Mr.  Bowers  offered  as  a  substitute  the  following: 
Resolved,  That  when  this  Convention  adjourns  on  Friday  next, 
it  shall  adjourn  to  Thursday,  July  fifth,  at  10  o'clock  A.  M.,  and  that 
this  Convention  also  sit  on  Saturday  of  next  week. 

Mr.  Crosby  moved  the  previous  question. 

Mr.  President  put  the  question  on  ordering  the  previous  question, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Bowers,  and 
it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Ackerly,  Arnold,  Baker,  Banks,  Barhite,  Barnurn, 
Bigelow,  Blake,  Bowers,  Burr,  Bush,  Carter,  Chipp,  Jr. ;  Clark,  H.  A. ; 
Cochran,  Coleman,  Cookinham,  Crosby,  Curran,  Danforth,  Daven- 
port, Deyo,  Durfee,  Durnin,  Emmet,  Faber,  Farrell,  Fields,  Floyd, 
Forbes,  Fraser,  Galinger,  Gilleran,  Goeller,  Green,  A.  H.;  Griswold, 
Herzberg,  A.;  Holls,  Hotchkiss,  Johnson,  J.;  Kerwin,  Kimmey, 


CONSTITUTIONAL  CONVENTION.  265 

Lauterbach,  Lincoln,  Manley,  Marshall,  Maybee,  McMillan,  Meyen- 
berg,  Nichols,  W.  H.;  Nicoll,  De  L.;  Ohmeis,  Parker,  Peabody, 
Peck,  Platzek,  Biggs,  Roche,  Roderick,  Rogers,  Smith,  Storm,  Tib- 
betts,  Titus,  Towns,  Truax,  C.  H.;  Truax,  C.  S.;  Tucker,  Veeder, 
Vogt,  Williams,  Woodward  —  72. 

Noes  —  Messrs.  Alvord,  Barrow,  Brown,  E.  A.;  Brown,  E.  R.; 
Cady,  Campbell,  Cassidy,  Church,  Cornwell,  Davies,  J.  C.;  Davis, 
G.  A.;  Dean,  Dickey,  Doty,  Fitzgerald,  T.  W.;  Foote,  Francis, 
Fuller,  C.  A.;  Fuller,  O.  A.;  Gibney,  Gilbert,  Goodelle,  Green,  J.  I.; 
Hedges,  Hirschberg,  M.  H. ;  Hottenroth,  J(?nks,  Johnson,  I.  Sam; 
Kellogg,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lyon,  Mantauye,  Marks, 
McArthur,  McClure,  McCurdy,  McDonough,  McLaughlin,  C.  B.; 
Mereness,  Morton,  Mullen,  Mulqueen,  Osborn,  Phipps,  Pool,  Porter, 
Powell,  Spencer,  Spring  weiler,  Steele,  A.  B.;  Steele,  W.  H.; 
Sullivan,  Turner,  Van  Denbergh,  Vedder,  Wellington,  Whitmyer, 
Wiggins  —  HO. 

Mr.-  President  put  the  question  on  the  resolution  of  Mr.  Cookin- 
liam,  as  amended  by  Mr.  Bowers,  and  it  was  determined  in  the 
negative. 

Ayes  —  Messrs.  Ackerly,  Arnold,  Baker,  Banks,  Barhite,  Bigelow, 
Blake,  Bowers,  Brown,  E.  R.;  Burr,  Bush,  Carter,  Clark,  G.  W.; 
Clark,  H.  A.;  Cochran,  Coleman,  Cookinham,  Cornwell,  Crosby, 
Curran,  Danforth,  Davenport,  Deyo,  Durnin,  Emmet,  Faber,  Farrell, 
Fields,  Forbes,  Francis,  Galinger,  Gilleran,  Goeller,  Holls,  Hotchkiss, 
Johnson,  J. ;  Kellogg,  Kerwin,  Kimmey,  Lauterbach,  Lincoln,  Man- 
ley,  Marshall,  McMillan,  Meyenborg,  Nichols,  W.  H.;  Nicoll,  De  L.; 
Ohmeis,  Parmenter,  Peck,  Platzek,  Riggs,  Roche,  Roderick,  Rogers, 
Smith,  Tibbetts,  Titus,  Truax,  C.  H.;  Truax,  C.  S.;  Tucker,  Veeder, 
Vogt,  Williams,  Woodward  —  65. 

Noes  —  Messrs.  Alvord,  Barnum,  Barrow,  Brown,  E.  A. ;  Cady, 
Campbell,  Cassidy,  Church,  Davies,  J.  C.;  Davis,  G.  A.;  Dean, 
Dickey,  Doty,  Durfee,  Fitzgerald,  T.  W.;  Floyd,  Foote,  Fraser, 
Fuller,  C.  A.;  Fuller,  O.  A.;  Gibney,  Gilbert,  Goodelle,  Green,  A.  H. ; 
Green,  J.  L;  Griswold,  Hedges,  Hirschberg,  M.  H.;  Hottenroth, 
Jenks,  Johnson,  I.  Sam;  Lewis,  C.  H.;  Lewis,  M.  E.;  Lyon,  Man- 
tanye,  Marks,  Maybee,  McArthur.  McClure,  McCurdy,  McDonough, 
McLaughlin,  C.  B.;  Mereness,  Morton.  Mullen,  Mulqueen,  Osborn, 
Parker,  Peabody,  Phipps,  Pool,  Porter.  Powell,  Spencer,  Spring- 
weiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm.  Sullivan,  Towns,  Turner, 
Van  Denbergh,  Vedder,  Wellington,  Whitmyer,  Wiggins  —  66. 


266  JOURNAL  OF  THE 

Mr.  Doty  offered  a  resolution  in  words  following: 
Resolved,  That  the  Sergeant-at-Arms  be  directed  immediately  to 
place  in  the  Assembly  corridor  a  blackboard,  designating  thereon  the 
names  of  the  several  standing  and  select  committees,  places  ot 
meeting  and  time  of  regular  meetings,  and  a  daily  announcement  of 
special  meetings  of  the  committees. 

By  unanimous  consent,  Mr.  President  put  the  question  on  said 
resolution,  and  it  was  determined  in  the  affirmative. 

Mr.  Marshall,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  presentment  by  the  grand  jury  of  New  York  county, 
in  relation  to  the  coroners'  office,  report  that  they  have  considered 
the  same  and  return  it  to  the  Convention  with  the  recommenda- 
tion that  it  be  referred  to  the  Committee  on  County,  Town  and 
Village  Officers,  which  committee  has  under  consideration  the 
proposed  amendment  relating  to  the  office  of  coroner. 

Mr.  President  put  the  question  on  the  adoption  of  said  report,  and 
it  was  determined  in  the  affirmative. 

262. —  Mr.    Groeller   presented   a   proposed    amendment   to    the 
Constitution  to  protect  innocent  purchasers  of  real  estate. 
Referred  to  the  Committee  on  Preamble. 

263.—  By  Mr.  Tucker: 

A  proposed  amendment  to  article  1  of  the  Constitution,  relating 
to  the  committal  of  arrested  jurors. 
Referred  to  the  Committee  on  Preamble. 

264. —  Also,  a  proposed  amendment  to  article  1  of  the  Constitu- 
tion, relative  to  the  punishment  of  inmates  of  prisons  and  asylums. 
Referred  to  the  Committee  on  Preamble. 

265.— By  Mr.  Cady: 

A  proposed  amendment  to  article  8  of  the  Constitution,  relative  to 
the  laws  for  the  organization  of  cities. 

266.— By  Mr.  Parmenter: 

A  proposed  amendment  to  article  6,  sections  2  and  21  of  the 
Constitution,  relative  to  the  number  of  judges  of  the  Court  of 
Appeals  and  their  tenure  of  office. 

Referred  to  the  Committee  on  Judiciary. 


CONSTITUTIONAL  CONVENTION.  267 

267.— By  Mr.  A.  B.  Steele: 

A  proposed  amendment  to  article  6  of  the  Constitution,  relating 
to  county  and  other  lower  courts. 

Keferred  to  the  Committee  on  Judiciary. 

268.— By  Mr.  Cornwell: 

A  proposed  amendment  to  article  8  of  the  Constitution,  pro- 
hibiting sectarian  appropriations. 

Referred  to  the  Committee  on  Charities,  also  Education. 

269.— By  Mr.  Vedder: 

A  proposed  amendment  to  article  4,  section  7,  relative  to  official 
succession. 

Referred  to  the  Committee  on  Legislative  Powers. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  McMillan,  introductory  No.  11, 
entitled  proposed  constitutional  amendment  to  amend  section  16 
of  article  3  of  the  Constitution  of  the  State  of  New  York,  relating 
to  legislation,  reported  in  favor  of  the  passage  of  the  same,  which 
report  was  agreed  to  and  said  amendment  committed  to  the 
Committee  of  the  Whole. 

Mr.  George  A.  Davis,  from  the  Committee  on  Banking  and 
Insurance,  to  which  was  referred  the  resolution  introduced  by 
Mr.  Kellogg,  on  Thursday,  June  twenty-first,  reported  in  favor  of 
the  same  without  amendment,  in  words  following: 

Resolved,  That  this  Convention  request  the  savings  banks  or 
institutions  of  savings  of  this  State  to  furnish  to  the  Superin- 
tendent of  Banking,  upon  his  demand  for  same,  the  amount  of 
their  unclaimed  deposits,  without  delay,  and  that  when  such 
report  is  completed  the  Superintendent  of  Banking  transmit  the 
same  forthwith  to  this  Convention. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

On  motion  of  Mr.  Banks,  at  11.27,  the  Convention  adjourned. 


268  JOURNAL  OF  THE 


Thursday,  June  28,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  A.  K.  Duff. 

The  Journal  of  Wednesday,  June  twenty- seventh,  was  read  and 
approved. 

Mr.  President  presented  a  memorial  from  the  New  York  Com- 
mittee for  the  prevention  of  State  regulation  of  vice. 

Referred  to  the  Committee  on  Legislative  Powers. 

Also,  petitions  in  favor  of  civil  service. 

Referred  to  the  Committee  on  Civil  Service. 

Also,  a  memorial  in  favor  of  taxing  the  liquor  traffic. 

Referred  to  the  Committee  on  Legislative  Powers. 

Also,  a  memeorial  from  the  Dobbs  Ferry  Republican  Club,  favor- 
ing an  amendment  to  the  Constitution  relative  to  apportionment. 

Referred  to  the  Committee  on  Legislative  Organization. 

Mr.  McDonough  presented  a  petition,  a  third  of  a  mile  long, 
of  73,000  women  of  the  State  in  favor  of  the  enfranchisement  of 
women  and  the  suppression  of  the  traffic  in  intoxicating  liquors. 

Referred  to  the  Committee  on  Suffrage,  also  Legislative  Powers. 

270. —  Mr.  Phipps  presented  a  proposed  amendment  to  article  9 
of  the  Constitution,  relating  to  the  common  school  fund. 
Referred  to  the  Committee  on  Education. 

271.— By  Mr.  Smith: 

A  proposed  amendment  to  article  6  of  the  Constitution  in  rela- 
tion to  the  judiciary. 
Referred  to  the  Committee  on  Judiciary. 

272. —  By  Mr.  A.  H.  Green  (by  request) : 

A  proposed  amendment  to  article  6,  section  21  of  the  Consti- 
tution, forbidding  certain  judicial  officers  from  practicing  law. 
Referred  to  the  Committee  on  Judiciary. 

273.— By  Mr.  Mantanye: 

A  proposed  amendment  to  article  4,  section  1  of  the  Consti- 
tution, relating  to  the  election  and  official  term  of  the  Governor 
and  Lieuten ant-Governor  of  the  State. 

Referred  to  the  Committee  on  Governor  and  other  State  Officers. 


CONSTITUTIONAL  CONVENTION.  269 

Mr.  President  presented  a  communication  from  the  Comptroller 
transmitting,  pursuant  to  the  resolution  of  June  twenty-second,  a 
statement  of  the  total  amount  of  collateral  inheritance  tax  col- 
lected in  each  of  the  counties  of  this  State;  also  the  amount  of 
fees  paid  to  each  of  the  county  treasurers,  and  the  amount  of 
money  paid  in  fees  to  the  appraisers  appointed  by  the  several 
surrogates,  in  words  following: 

STATE  OF  NEW  YORK: 

Comptroller's  Office, 

Albany,  June  26,  1894. 

To  the  Constitutional  Convention,  Albany,  N.  Y.: 

Gentlemen. —  I  have  the  honor  to  transmit  herewith  a  state- 
ment of  the  total  amount  of  collateral  inheritance  tax  collected 
in  each  of  the  counties  of  this  State;  also  the  amount  of  fees  paid 
to  each  of  the  county  treasurers,  and  the  amount  of  money  paid 
in  fees  to  the  appraisers  appointed  by  the  several  surrogates,  in 
conformity  with  the  resolution  of  your  honorable  body,  passed 
June  22,  1894. 

Very  respectfully  yours, 

JAMES   A.  ROBERTS, 

Comptroller. 


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JOURNAL  OF  THE 


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CONSTITUTIONAL  CONVENTION.  273 

Referred  to  the  Committee  on  State  Finances  and  Taxation. 
Mr.  A.  H.  Green  moved  that  said  communication  be  printed. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Storm  moved  to  reconsider  the  vote  by  which  the  resolution 
offered  by  Mr-.  Cookinham,  as  amended  by  Mr.  Bowers,  relating  to 
adjourning  over  the  Fourth  of  July  week,  was  lost. 

Mr.  Maybee  moved  to  lay  the  motion  on  the  table. 
Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Kellogg  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  then  put  the  question  on  the  motion  of 
Mr.  Storm,  and  it  was  determined  in  the  affirmative. 

A}res  —  Messrs.  Ackerly,  Banks,  Blake,  Bowers,  Burr,  Bush, 
Campbell,  Carter,  Clark,  G.  W.;  Clark,  H.  A.;  Cochran,  Coleman, 
Cookinham,  Countryman,  Crosby,  Curran,  Danforth,  Davenport, 
Deady,  Deyo,  Doty,  Durnin,  Emmet,  Faber,  Forbes,  Frank, 
Andrew;  Fraser,  Galinger,  Gibney,  Gilleran,  Goeller,  Green, 
A,  H.;  Griswold,  Hecker,  Hottenroith,  Jacobs,  Jenks,  Johnston, 
R.  M.;  Kellogg,  Kerwin,  Kimmey,  Lauterbach,  Lester,  Lincoln, 
Marks,  Marshall,  McClure,  Mclntyre,  McKinstry,  McLaughlin, 
C.  B.;  Meyenborg,  Moore,  Mullen,  Mulqueen,  Nichols,  W.  H.; 
Ohmeis,  Osborn,  Parker,  Parmenter,  Peabody,  Phipps,  Platzek, 
Porter,  Redman,  Riggs,  Roche,  Roderick,  Rogers,  Rowley,  Smith, 
Spoer,  Springweiler,  Tibbetts,  Towns,  Truax,  C.  S.;  Tucker,  Turner, 
Veeder,  Williams,  Woodward  — 80. 

Noes —  Messrs.  Alvord,  Arnold,  Baker,  Barhite,  Barnum,  Bar- 
row, Becker,  Bigelow,  Brown,  E.  A.;  Brown,  E.  R.;  Cady,  Cassidy, 
('hipp,  Jr.;  Church,  Cornwall,  1  hi  vis,  G.  A.;  Dean,  Dickey,  Durfee, 
Farrell,  Floyd,  Foote,  Francis,  Fuller,  C.  A.;  Fuller,  O.  A.; 
Gilbert,  Goodelle,  Ilamlin,  Hawley,  Hedges,  Hill,  Hirsdiberg, 
31.  H.;  Holls,  Johnson,  I.  Sam;  Johnson,  J.;  Lewis,  C.  H.;  Lewis, 
M.  E.;  Lyon,  Man-ley,  Mantanye,  Maybee,  McArthur,  McCurdy, 
McDonough,  McMillan,  Mereness,  Morton,  O'Brien,  Parkhurst, 
Peck,  Pool,  Powell,  Pratt,  Root,  Spencer,  Steele,  A.  B.;  Storm, 
18 


274  JOURNAL  OF  THE 

Sullivan,  Tekulsky,  Truax,  C.  H.;  Van  Denbergh,  Vedder,  Vogt, 
Wellington,  Whitmyer,  Wiggins,  President  —  67. 

When  the  name  of  Mr.  W.  H.  Steele  was  called  he  asked  to  be 
and  was  excused  from  voting. 

Mr.  Storm  moved  to  strike  out  the  word  "  ten  "  and  insert  in 
lieu  thereof  the  word  "  eleven,"  and  also  strike  out  all  of  said  sub- 
stitute in  words  following:  "And  that  this  Convention  also  sit  on 
Saturday  of  next  week." 

Mr.  Mullin  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mullin,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Storm,  and 
it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Ackerly,  Banks,  Bigelow,  Blake,  Bowers,  Burr, 
Bush,  Campbell,  Carter,  Chipp,  Jr.;  Clark,  G.  W.;  Clark,  H.  A.; 
Cochran,  Coleman,  Cookinham,  Cornwell,  Countryman,  Curran, 
Danforth,  Davenport,  Deady,  Deyo,  Dickey,  Doty,  Durnin,  Emmet, 
Faber,  Farrell,  Forbes,  Frank,  Andrew ;  Eraser,  Gibney,  Giilerait, 
Goeller,  Green,  A.  H.;  Griswold,  Hecker,  Hottenroth,  Jacobs, 
Jenks,  Johnston,  B.  M.;  Kellogg,  Kerwin,  Kirnmey,  Lauterbach, 
Lester,  Lincoln,  Marks,  Marshall,  McClure,  McKinstry,  McLaugh- 
lin,  C.  B.;  Meyenborg,  Moore,  Mullen,  Mulqueen,  Ohmeis,  Osborn, 
Parker,  Parmenter,  Peabody,  Phipps,  Platzek,  Porter,  Pratt,  Red- 
man, Riggs,  Roche,  Roderick,  Rogers,  Rowley,  Smith,  Speer, 
Springweiler,  Storm,  Tibbetts,  Titus,  Towns,  Truax,  C.  H.;  Truax, 
C.  S.;  Tucker,  Turner,  Veeder,  Vogt,  Williams,  Woodward  — 86. 

Noes  —  Messrs.  Abbott,  Alvord,  Arnold,  Baker,  Barhite,  Bar- 
num,  Barrow,  Becker,  Brown,  E.  A.;  Brown,  E.  R.;  Cady,  Cassidy, 
Church,  Crosby,  Davis,  Gr.  A.;  Dean,  Durfee,  Floyd,  Foote, 
Francis,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gilbert,  Goodelle, 
Hamlin,  Hawley,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  John- 
son, I.  Sam;  Johnson,  J.;  Lewis,  C.  H.;  Lewis,  M.  E.;  Lyon, 
^lanley,  Mantanye,  Maybee,  McArthur,  McCurdy,  McDonough, 
Mclntyre,  McMillan,  Mereness,  Morton,  Nichols,  -W.  H. ;  O'Brien, 
Parkhurst,  Peck,  Pool,  Powell,  Root,  Spencer,  Steele,  A.  B.;  Sulli- 
van, Tekulsky,  Van  Denbergh,  Vedder,  Wellington,  Whitmyer, 
Wiggins,  President— 63. 

Mr.  President  put  the  question  on  the  adoption  of  said  resolu- 
tion, as  amended,  and  it  was  determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  275 

Mr.  McLaughlin  offered  a  resolution  in  words  following : 

Resolved,  That  the  clerk  of  the  Court  of  Appeals  be  requested 
to  furnish  to  this  Convention,  on  or  before  July  ninth,  a  state- 
ment as  to  the  time  when  the  present  calendar  of  the  Court  of 
Appeals  was  made  up;  the  number  of  causes  then  placed  thereon; 
the  number  of  causes  since  added  thereto;  the  causes 
since  argued  and  disposed  of,  and  the  number  of  causes  now 
remaining  on  said  calendar  undisposed  of;  that  said  clerk  also 
furnish  a  statement  of  the  number  of  appeals  taken  to  and  filed 
in  said  court  since  said  calendar  was  made  up  and  not  now  OH 
said  calendar. 

Referred  to  the  Committee  on  Judiciary. 

Mr.  Hamlin  offered  a  resolution  in  words  following: 

Resolved,  That  the  Secretary  be  directed  to  have  printed  300 
copies  of  the  following  proposed  amendments:  14,  23,  24,  27,  34, 
40,  47,  49,  52,  70,  71,  84  and  95,  the  Sergeant-at-Arms  being  unable 
to  fill  the  file-boards  of  reporters  as  directed. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Becker  offered  a  resolution  in  words  following: 
Resolved,  That  the  Committee  on  Rules  report  to-morrow  morn- 
ing a  rule  providing  a  fine  for  non-attendance  of  members  of  this 
Convention,  on  and  after  Thursday,  July  fifth,  when  such  absence 
occurs  without  the  consent  of  the  Convention. 

Said  resolution,  giving  rise  to  debate,  was  tabled  under  the 
rule.  1  j 

Mr.  Hirschberg  presented  a  report  from  the  Committee  on 
Privileges  and  Elections,  in  words  following: 

The  Committee  on  Privileges  and  Elections,  to  whom  was 
referred  the  petition  of  Charles  L.  Halberstadt,  claiming  he  was 
duly  elected  a  member  of  the  Constitutional  Convention  from  the 
Eighth  Senatorial  district,  respectfully  report: 

That  they  considered  the  case  presented  by  said  petition  on 
June  twelfth;  that  no  evidence  was  offered,  the  questions  pre- 
sented being  all  matters  of  law,  and  that  an  argument,  both  oral 
ind  in  writing,  was  made  and  filed  by  the  petitioner  at  that  time. 


276  JOURNAL  OF  THE 

The  committee  thereafter,  and  on  June  twenty-seventh,  unani- 
mously decided  that  the  petitioner's  claim  is  wholly  unfounded. 
They,  therefore,  recommend  the  adoption  of  the  following 
resolution: 

"  Resolved,  That  the  petition  of  Charles  L.  Halberstadt,  claim- 
ing that  said  petitioner  is  a  duly  elected  Delegate  to  this  Conven- 
tion from  the  Eighth  Senatorial  district,  be  and  the  same  is 
hereby  dismissed. 

"  Dated  June  28,  1894.  "  M.  H.  HIRSCHBERG, 

"Chairman." 

Mr.  President  put  the  question  on  the  adoption  of  the  report 
and  the  resolution  as  reported,  and  it  was  determined  in  the 
affirmative. 

Mr.  President  announced  the  order  of  business,  "  special  orders." 
Whereupon  the  first  special  order  being  the  resolution  pre- 
viously offered  by  Mr.  Lester  in  words  following: 

"  Resolved,  That  as  soon  as  practicable  after  the  Fourth  of  July 
the  Convention  adjourn  to  the  village  hall  at  Saratoga  Springs, 
there  to  continue  its  sessions  during  the  warm  weather  of  July 
and  August,  provided  suitable  arrangements  for  the  accommoda- 
tion of  the  Convention  can  be  made,  and  that  the  Chair  appoint 
a  committee  of  five  to  investigate  the  accommodations  offered 
and  to  report  upon  their  character  and  sufficiency  and  to  recom- 
mend a  date  for  such  adjournment." 

Mr.  Alvord  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  said  resolu- 
tion, and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Becker,  Campbell,  Cookinham,  Ourran,  Davis, 
G.  A.;  Deyo,  Durfee,  Farrell,  Francis,  Fraser,  Grilleran,  Jenks, 
Johnston,  R.  M.;  Lester,  Me  Arthur,  McClure,  McLaughlin,  C.  B.; 
Mereness,  Meyenborg,  Moore,  Mullen,  Ohnieis,  Riggs,  Roche, 
Spencer,  Titus,  Truax,  C.  H.;  Whitmyer,  Wiggins  — 29. 

Noes  —  Messrs.  Abbott,  Ackerly,  Alvord,  Arnold,  Baker,  Banks, 
Barhite,  Barrow,  Bigelow,  Blake,  Bowers,  Bush,  C&dy,  Carter, 
Cassidy,  Chipp,  Jr.;  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coch- 


CONSTITUTIONAL  CONVENTION.  277 

ran,  Cora  well,  Countryman,  Crosby,  Danforth,  Davenport,  Deady, 
Dean,  Dickey,  Doty,  Durnin,  Emmet,  Faber,  Floyd,  Foote,  Forbes, 
Frank,  Andrew;  Fuller,  C.  A.;  Fuller,  O.  A.;  Gralinger,  Gibney, 
Gilbert,  Goeller,  G-reen,  A.  II.;  Griswold,  Hamlin,  Hawley, 
Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Hottenroth, 
Jacobs,  Johnson,  I.  Sam;  Kellogg,  Kerwin,  Kimmey,  Lauterbach, 
Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon,  Manley,  Marks,  Mar- 
shall, Maybee,  McCurdy,  McDonough,  Mclntyre,  McKinstry, 
McMillan-,  Morton,  Mulqueen,  O'Brien,  Osborn,  Parker,  Parkhurst, 
Parmenter,  Peabody,  Peck,  Phipps,  Platzek,  Pool,  Porter,  Powell, 
Pratt,  Redman,  Roderick,  Rogers,  Root,  Smith,  Speer,  Spring- 
weiler,  Steele,  W.  H.;  Storm,  Sullivan,  Tekulsky,  Towns,  Truax, 
C.  S. ;  Tucker,  Turner,  Van  Denbergh,  Veeder,  Vedder,  Vogt,  Wel- 
lington, Woodward,  President  — 109. 

When  the  name,  of  Mr.  E.  A.  Brown  was  called  he  asked  to  be 
and  was  excused  from  voting,  on  account  of  his  having  paired 
with  Mr.  J.  C.  Davies. 

When  the  name  of  Mr.  A.  B.  Steele  was  called  he  asked  to  be 
and  was  excused  from  voting,  on  account  of  his  having  paired 
with  Mr.  Hoi  comb. 

On  motion  of  Mr.  Vedder,  the  privilege  of  the  floor  was  extended 
to  Hon.  J.  T.  Williams,  of  Chautauqua  county,  during  his  stay  in 
the  city. 

Mr.  President  then  announced  the  second  special  order,  being 
the  report  of  the  Committee  on  Privileges  and  Elections,  in  words 
following: 

To  the  Constitutional  Convention: 

The  Committee  on  Privileges  and  Elections  having  investi- 
gated the  matter  of  the  contest  of  Harvey  W.  Putnam  and 
Thomas  A.  Sullivan  for  the  seats  now  occupied  by  Herman  F. 
Trapper  and  Charles  Beckwith  from  the  Thirtieth  Senatorial 
District,  do  report  as  follows: 

That  they  have  taken  a  large  amount  of  proof  and  have 
examined  a  large  number  of  witnesses  and  have  been  addressed 
by  counsel  for  contestants  and  also  for  the  sitting  members, 
and  that  they  find  and  report  as  follows: 

That  the  Thirtieth  Senatorial  District  is  composed  of  wards 
one  to  fourteen,  inclusive,  and  the  Nineteenth  and  Twentieth 


278  JOURNAL  OF  THE 

wards  of  the  city  of  Buffalo;  that  on  the  face  of  the  returns  in 
said  Senatorial  District,  said  Beckwith  received  14,099  votes 
and  said  Trapper  14,093;  that,  on  the  face  of  the  returns,  said 
contestant  Putnam  received  14,070  and  said  contestant  Sullivan 
received  13,899  votes.  Thus,  upon  the  face  of  the  returns,  it 
appeared  that  said  Beckwith  received  twenty-nine  votes  more 
than  said  Putnam,  and  200  votes  more  than  said  Sullivan;  that 
the  contestants  sought  to  establish  that  the  Fourth  election 
district  of  the  First  ward  should  not  be  counted,  but  that,  the 
entire  vote  should  be  omitted  from  the  returns  on  the  ground 
that  it  was  irregular  and  fraudulent  and  that  the  polls  were 
taken  possession  of  by  conspirators  for  the  express  purpose  of 
controlling  the  election  in  the  interest  of  one  Sheehan,  a  can- 
didate for  alderman  in  the  First  ward  of  said  city;  and  they 
claimed  that  said  conspirators  did  control  the  election  in  sai<J 
district.  Fraud  was  also  claimed  in  other  election  districts  in 
said  First  ward,  but  it  is  not  necessary  to  report  upon  that 
question  as  contestants  substantially  confined  their  case  to  the 
said  Fourth  district. 

It  appeared  that  the  registration  in  said  Fourth  district,  for 
the  year  1893,  was  889;  that  the  population  ot  said  district, 
from  1891  to  1893,  had  decreased;  that  the  total  vote  of  said 
district  for  the  year  1892,  that  being  the  year  of  a  Presidential 
election,  was  342;  while  the  vote  at  the  election  November  7, 
1893,  was  641,  as  returned. 

It  appears  that  the  vote  of  said  district  was  divided  between 
the  principal  parties  for  the  three  years  last  past,  as  follows: 

1891,  Kepublican,  as  returned , 140 

1891,  Democrat,  as  returned 161> 

1892,  Republican,  as  returned 101 

1892,  Democrat,  as  returned 212 

1893,  Republican,  as  returned 12(5 

1893,  Democrat,  as  returned   505 

It  also  appeared  that  the  large  increase  in  registration  and 
in  votes,  in  1893,  was  caused  by  persons  registering  and  voting 
from  certain  localities  in  said  district  and  particularly  from 
a  saloon,  known  as  19  Main  street,  kept  by  one  James  Kennedy ; 


CONSTITUTIONAL  CONVENTION.  279 

also  a  saloon,  known  as  85  Main  street,  and  a  saloon,  known  as 
133  Main  street,  and  165  Washington  street  and  33  Exchange 
street. 

On  the  evening  before  the  election,  the  sheriff  of  Erie  county 
appointed  112  special  deputies,  all  of  whom  were  sworn  in  by 
the  under  sheriff  without  a  knowledge,  upon  his  part  or  upon 
the  part  of  the  sheriff,  as  to  who  those  deputies  were;  and  ithe 
act  of  swearing  them  in  was  done  in  obscure  places  in  said 
city  of  Buffalo.  Many  of  said  deputy  sheriffs  were  men 
of  bad  character,  notably  William  Baker,  Charles  Marks, 
Samuel  Strauss  and  a  man  called  Farrell,  all  of  whom  were 
prize-fighters,  and  O'Shea,  who  is  described  as  a  dog-catcher. 
These  deputy  sheriffs  were  all  appointed  at  the  request  of  Charles 
McDonnell,  John  J.  Lynch  and  John  O'Connell,  and  other  sup- 
porters of  Sheehan,  for  the  office  of  alderman  df  said  ward;  said 
O'Conuell  being  the  chairman  of  the  board  of  inspectors  of 
election  in  said  Fourth  district. 

The  booth  in  which  the  voting  took  place  in  said  Fourth  dis- 
trict was  located  on  Illinois  street,  was  circular  in  form  and  con- 
structed of  sliest -iron.  It  was  placed  on  the  side  of  the  street, 
partially  upon  the  sidewalk,  so  that  the  door  at  which  voters 
would  enter  would  be  approached  from  the  sidewalk  leading 
to  Perry  street.  About  three  o'clock  in  the  morning,  on  elec- 
tion day,  about  fifty-four  voters,  mostly  Italians,  supporters  of 
White,  the  candidate  opposed  to  Sheehan  for  the  office  of  alder- 
man, arrived  at  said  election  booth  and  took  their  places  upon 
the  sidewalk  in  single  file,  the  line  extending  from  the  door 
of  the  booth  toward  Perry  street,  which  was  the  proper  way  for 
voters  to  form  in  line  to  approach  said  booth;  that  said  line 
was  orderly  and  law-abiding;  and  that  said  line  had  remained 
in  the  said  position  until  about  6.40  o'clock  in  the  morning, 
that  being  about  the  time  for  opening  the  polls.  That,  shortly 
before  the  time  for  opening  the  polls  arrived,  the  said  James 
Kennedy  approached  and  rapped  upon  the  door  of  the  booth 
and  asked  admission.  The  election  officers  were  within  the 
booth,  and  Kennedy  was  asked  who  it  was  that  desired  admis- 
sion. Upon  giving  his  name,  he  was  immediately  admitted, 
but  very  shortly  came  out  of  the  booth  and  gave  instructions 
to  the  election  officers  that  the  door  was  not  to  be  opened  until 
he  gave  the  order.  He  was  not  an  election  officer  and  had  no 


280  JOURNAL  OF  THE 

right  to  assume  any  control  over  the  door,  or  to  give  any  direc- 
tions as  who  should  or  should  not  enter  the  booth.  Just 
before  the  time  arrived  for  opening  the  polls,  said  Kennedy 
again  returned,  but  he  approached  the  door  of  the  booth  from 
the  rear,  coming  between  the  booth  and  the  building  on  the 
east  side  and  there  being  an  intervening  space  of  some  two 
or  three  feet.  He,  at  this  time,  had  with  him  the  prize-fighters 
and  the  dog-catcher  and  a  large  number  of  the  special  deputy 
sheriffs  who  had  been  appointed  the  night  before.  At  the  same 
time,  Police  Captain  Regan,  who  had  previously  been  a  Repub- 
lican, but  who  was  a  supporter  of  Sheehan  for  alderman,  and 
some  ten  or  more  policemen  in  uniform,  appeared  with  Kennedy 
and  the  deputy  sheriffs.  When  they  approached  the  door  of 
the  booth  they  immediately  took  possession  of  it.  William 
Miller,  one  of  the  prize-fighters,  stood  in  the  door,  with  his  arm 
across  it,  and  the  other  officers  were  within  the  booth  or  out- 
side, as  they  saw  fit  to  be,  and  for  several  hours  no  one  was 
permitted  to  enter  the  booth  except  those  to  whom  said  Kennedy 
and  one  Kilcourse  and  the  prize-fighters  saw  fit  to  allow  the  privi- 
lege. The  line  of  Italian  voters  who  had  stayed  in  front  of  the 
booth  from  three  o'clock  in  the  morning  was  forcibly  broken  up 
by  these  prize-fighters,  deputy  sheriffs  and  policemen;  and  the 
men  were  told  that  they  must  go  to  the  rear  of  the  booth  and 
form  in  the  rear  of  the  line  which  had  approached  in  that 
direction  and  which  consisted  largely  of  special  deputy  sheriffs. 
Said  Kennedy,  after  he  entered  the  booth  at  the  time  of  opening 
the  polls,  took  a  position  in  the  rear  of  the  inspectors  of  election 
and  near  to  the  private  compartments,  and,  with  Kilcourse, 
assumed  and  retained  control  of  the  election  machinery  of  that 
district.  Kennedy  gave  directions  as  to  who  should  be  allowed 
to  enter  the  booth,  and  who  should  be  put  out  and  his  directions 
were  followed;  and,  in  pursuance  of  his  directions,  law-abiding 
citizens  were  ejected  by  the  prize-fighters,  and  notably  several 
of  the  watchers  who  were  entitled  to  be  present  and  observe  the 
manner  of  conducting  the  election  were  either  ejected  or  forcibly 
prevented  from  entering.  One  of  the  inspectors  of  election, 
Mr.  Aeschbach,  almost  continuously  protested  against  the  unlaw- 
ful proceedings,  but  no  heed  was  given  his  protest. 

Men  other  than  voters  were  placed  or  allowed  to  remain 
in  two  of  the  private  compartments  during,  substantially,  the 
whole  day  and  most  of  the  voting  was  done  from  these  com- 


CONSTITUTIONAL  CONVENTION.  281 

partinents.  Some  of  the  compartments  at  times  contained  as 
many  as  two,  three  or  four  men.  Said  Kennedy  gave  directions 
to  voters  when  they  approached  the  private  compartments  to 
go  into  the  first,  second  or  third  compartment  in  which  were 
the  mm  placed  there  by  him  to  take  charge  of  the  folding  of 
the  tickets.  Mr.  Aeschbach,  one  of  the  Republican  inspectors 
of  election,  almost  continuously  protested  against  this  proceed- 
ing and  called  the  attention  of  the  election  board  and  of  the 
officers  to  it  and  requested  that  it  be  discontinued,  but  no  heed 
was  given  to  his  protest.  The  chairman  of  the  board  of  inspect- 
ors, one  John  O'Connell,  had  orgMnl/ed  the  board  in  the  moraing, 
but  almost  immediately  left  the  booth  claiming  to  have  appointed 
James  Bowe  to  take  his  place  upon  said  board,  who  proceeded 
to  fill  the  position  of  chairman  of  said  board  without  being 
sworn  and  without  any  right  whatever  to  hold  that  position.  A 
brother  of  said  Bowe  also  then  assumed  to  act  as  inspector 
without  legal  appointment  and  without  being  sworn.  Said 
O'Connell  did  not  again  appear  at  the  booth  until  the  voting 
was  mostly  done.  The  voting  from  the  time  the  polls  opened 
until  about  half-past  ten  or  eleven  o'clock  proceeded  very  rapidly, 
and  was  largely  done  by  the  supporters  of  said  Sheehan  for 
ald£rma]>.  and  the  voters  came  largely  from  what  was  known 
as  the  colonized  districts,  namely,  19,  85  and  133  Main  street, 
1<«5  Washington  street,  and  33  Exchange  street.  Mr.  Thayer, 
a  highly-respected  citizen  of  Buffalo,  and  a  man  belonging  to 
the  Independent  Democratic  Club  of  the  City  of  Buffalo,  and 
a  lawyer  by  profession,  was  a  duly  appointed  watcher  of  such 
election,  and  entitled  to  a  position  in  said  booth,  where  he 
could  observe  what  took  place  therein. 

He,  with  difficulty,  obtained  entrance  to  the  booth,  and  pro- 
ceeded to  make  minutes  of  what  there  took  place,  when  the  said 
Kennedy,  without  cause,  ordered  him  to  be  put  out,  and  he 
was  thereupon  summarily  ejected  by  the  dog-catcher;  where- 
upon Mr.  Thayer  went  to  one  of  the  judges  of  the  Superior  Court 
of  said  city  and  made  application  upon  affidavit  for  a  warrant 
for  the  arrest  of  Kennedy.  Sheriff  Beck,  of  Erie  county,  was 
sent  for  by  the  judge  and  the  warrant  was  placed  in  his  hands 
in  the  forenoon  of  said  election  day,  and  said  sheriff  was  told 
where  said  Kennedy  could  be  found.  The  sheriff  promised 
Thayer  to  meet  him  presently,  at  the  booth,  but  went  off  in 
some  other  direction.  Mr.  Thayer,  however,  went  immediately 


282  JOURNAL  OF  THE 

to  the  booth  and  there  remained  for  several  hours,  but  the 
sheriff  did  not  appear  until  about  four  o'clock  in  the  afternoon. 
Just  before  his  appearance  said  Kennedy,  who  had  been  within 
the  booth  all  day,  left  the  booth,  whereupon  the  sheriff  entered, 
remained  for  a  very  few  minutes,  and  departed,  and  almost 
immediately  on  his  departure,  the  said  Kennedy  re-entered  the 
booth  and  was  not  arrested  under  said  warrant.  On  the  day 
before  election,  129  warrants  were  issued  for  the  arrest  of  all 
persons  who  had  registered  as  voters  from  133  Main  street.  All 
these  warrants  were  placed  in  the  hands  of  a  police  officer,  one 
O'Donnell.  This  officer  went  at  nine  o'clock  in  the  evening  before 
election  to  said  133  Main  street,  for  the  ostensible  purpose  of 
arresting  the  persons  against  whom  the  warrants  were  issued 
for  fraudulent  registration,  but  found  none  of  said  persons  there. 
He  returned  again  at  about  eleven  o'clock  at  night,  and  found 
none  of  said  persons  there.  He  again  went  on  the  morning 
of  election  day  at  about  niue  o'clock  A.  M.,  and  found  none  of 
said  persons,  but  it  appears  that  sixty-three  of  the  persons  who 
registered  from  133  Main  street,  voted  at  said  election  in  the 
said  Fourth  district.  It  also  appears  that  shortly  prior  to  elec- 
tion day,  Kilcourse,  who  was  one  of  the  prime  movers  in  the 
fraudulent  scheme  to  prevent  an  honest  election  in  said  Fourth 
district,  took  a  lease  of  said  No.  133  Main  street,  and  paid  the 
rent  for  October  and  November,  and,  immediately  after  the  elec- 
tion, vacated  the  premises.  In  regard  to  No.  33  Exchange 
street,  the  Committee  reports  that,  prior  to  election,  the  landlord 
had  taken  proceedings  to  recover  possession  of  said  premises, 
and  that  the  tenant  had  been  put  out  of  possession,  and  that 
the  premises  were  vacant  several  days  before  election,  and  that 
there  were  no  voters  nor  occupants  of  said  building  upon  elec- 
tion day,  and  yet  it  appeared  from  the  poll-list  of  voters,  that 
thirty-five  persons  were  registered  and  many  of  them  voted 
from  said  33  Exchange  street  on  election  day. 

During  the  progress  of  the  voting  persons  who  were  sup- 
porters of  Sheehan  and  who  intended  to  vote  for  him  were 
taken  by  the  deputy  sheriffs  and  prize-fighters  to  the  head  of 
the  line,  out  of  turn,  and  were  passed  into  the  booth  to  vote 
and  did  vote,  while  respectable  citizens,  who  were  not  supporters 
of  Sheehan  and  who  had  stood  in  line  until  they  came  to  the  door, 
were  not  allowed  to  enter  until  Kennedy,  Kilcourse  and  the 
deputy  sheriffs  saw  fit  to  permit  them.  Many  voters  who  were 


CONSTITUTIONAL  CONVENTION.  283 

not  supporters  of  Sheehan  were  without  cause  pushed  out  of 
the  line,  struck  and  thrown  into  the  street,  while  the  roughest 
element  held  full  sway,  and  entire  control  of  the  approach  to 
the  booth  and  of  the  election  machinery.  The  deputy  sheriffs, 
prize-fighters  and  the  election  officers,  who  were  the  supporters 
of  Sheehan  for  alderman,  were  all  acting  in  concert  to  prevent 
a  fair  election  and  .to  allow  illegal  votes  to  be  cast  for  said 
Sheehan.  These  persons  did  succeed  in  their  corrupt  conspiracy 
in  taking  entire  charge  of  said  election  district  and  in  preventing 
a  fair  and  honest  election.  Moreover  their  acts  are  illegal,  cor- 
rupt and  fraudulent  to  such  an  extent  that  there  was,  in  reality, 
no  legal  election  in  suah  district. 

The  returns  show  precisely  the  same  number  of  votes  cast 
for  every  candidate  voted  for  at  the  election  of  1893,  in  said 
Fourth  district. 

it  follows  then  that  the  return  does  not  state  the  number  of 
legal  votes  cast  at  such  election,  and  that  there  is  included  in 
the  returns  a  large  number  of  illegal  votes  which  were  counted 
for  said  Herman  F.  Trapper  and  Charles  Beckwith,  and  that 
said  election  was  not  a  fair  and  honest  expression  of  the 
opinion  and  choice  of  the  legal  voters  of  said  district, 
and  the  acts  of  the  election  board  and  the  other  officers 
were  so  fraudulent  as  to  render  the  proceedings  in  the 
said  Fourth  district  on  November  7,  1893,  no  election  at 
all.  It  is  but  just,  however,  to  say  that  neither  Mr. 
Beckwith  nor  Mr.  Trapper  is  chargeable  with  any  act  which 
in  the  slightest  degree  reflects  upon  their  character  or  that 
indicates  that  they  were,  in  any  way,  cognizant  of  or  responsible 
for  the  fraudulent  acts  or  proceedings. 

The  committee,  therefore,  have  concluded  that  the  return 
made  by  the  board  of  inspectors  of  election  for  said  Fourth  dis- 
trict in  the  First  ward  of  Buffalo,  in  said  Thirtieth  Senatorial 
District,  should  be  disregarded  and  treated  as  null  and  void, 
and  that  the  vote  in  said  Senatorial  District  should  be  counted 
as  follows:  Harvey  W.  Putnam,  13,944;  Thomas  A.  Sullivan, 
13,773;  Charles  Beckwith,  13,594;  Herman  F.  Trapper,  13,588. 
The  committee  further  report  that  said  Harvey  W.  Putnam 
received  a  majority  of  the  legal  votes  cast  in  said  Senatorial 
District  over  said  Charles  Beckwith  of  350  votes,  and  over  said 
Herman  Trapper  of  356  votes;  and  said  Thomas  A.  Sullivan 
received  a  majority  of  the  legal  votes  cast  in  said  Senatorial 


284  JOURNAL  OF  THE 

District  over  said  Charles  Beckwith  of  179  votes  and  over  said 
Herman  F.  Trapper  of  185  votes,  and  that  said  Harvey  W.  Put- 
nam and  Thomas  A.  Sullivan  are  duly  elected  delegates  for  said 
Thirtieth  Senatorial  District  to  this  Convention,  and  are  entitled 
to  seats  therein. 

The  committee,  therefore,  recommends  the  passage  of  the 
following  resolutions: 

First  —  Resolved,  That  Herman  F.  Trapper  and  Charles  Beck- 
with are  not  entitled,  as  delegates  from  the  Thirtieth  District,  to 
the  seats  now  occupied  by  them  in  this  Convention. 

Second  —  Resolved,  That  Harvey  W.  Putnam  and  Thomas  A. 
Sullivan  are  duly  elected  delegates  from  the  Thirtieth  Senatorial 
District,  and  are  entitled  to  the  seats  in  this  Convention  now 
occupied  by  Herman  F.  Trapper  and  Charles  Beckwith. 

Dated,  June  14,  1894. 

M.  H.   HIRSCHBERG, 

Chairman. 

Extended  debate  being  had  by  Messrs.  Blake,  Titus,  Griswold, 
Chipp,  Jr.,  and  Kerwin,  Mr.  Speer  then  offered  the  following: 

Resolved,  That  the  Committee  on  Privileges  and  Elections  be 
requested  to  examine  further  into  the  election  in  the  Thirtieth 
district,  and  to  report  specifically  and  in  detail  what  evidence  it 
has  or  can  obtain  which  bears  directly  on  the  number  of  pur- 
chased, illegal  and  fraudulent  votes  cast  for  Delegates  to  this 
Convention,  and  for  whom  they  were  cast;  also  the  number  of 
votes  cast  in  the  election  districts  of  the  Thirtieth  district  last 
fall  and  the  number  cast  in  the  election  districts  comprising  such 
Senate  district  in  the  previous  year. 

Debate  thereon  being  had  by  Messrs.  Speer,  Maybee  and 
Hirschberg,  Mr.  President  put  the  question  on  the  adoption  of 
the  resolution  offered  by  Mr.  Speer,  and  it  was  determined  in 
the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  the  resolu- 
tions reported  by  the  committee. 

Mr.  Blake  called  for  a  division  of  the  question. 

Mr.  President  stated  the  question  to  be  upon  the  first  resolution 
reported  by  said  committee,  in  words  following: 


CONSTITUTIONAL  CONVENTION.  285 

"  First  —  Resolved,  That  Herman  F.  Trapper  and  Charles  Beck- 
with  are  not  entitled,  as  Delegates  from  the  Thirtieth  district,  to 
the  seats  now  occupied  by  them  in  this  Convention." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Ackerly,  Alvord,  Arnold,  Baker,  Banks, 
Barhite,  Barn  am,  Barrow,  Becker,  Bigelow,  Bowers,  Brown,  E.  A.; 
Brown,  E.  R;  Burr,  Oady,  Carter,  Cassidy,  Chipp,  Jr.;  Church, 
Clark,  G.  W.;  Clark,  H.  A.;  Cookmhaiu,  CornweU,  Countryman, 
Crosby,  Danforth,  Davenport,  Davis,  G.  A.;  Deady,  Dean,  Deyo, 
Dickey,  Doty,  Durfee,  Durnin,  Faber,  Floyd,  Foote,  Forbes, 
Francis,  Frank,  Andrew;  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger, 
Gibney,  Gilbert,  Goodelle,  Green,  A.  H.;  Hamlin,  Haw  ley,  Hecker, 
Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Jacobs,  Johnson,  I.  Sam; 
Johnson,  J.;  Johnston,  R.  M.;  Kellogg,  Kimmey,  Lauterbach, 
Lester,  Lewis,  C.  H. ;  Lewis,  M.  E.;  Lincoln,  Lyon,  Manley,  Han- 
tanye,  Marshall,  Maybee,  McArthur,  McClure,  McCurdy, 
McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan, 
Mereness,  Moore,  Morton,  Nichols,  W.  H.;  O'Brien,  Osborn, 
Parker,  Parkhurst,  Parmenter,  Peck,  Phipps,  Platzek,  Poole, 
Powell,  Redman,  Roche,  Root,  Spencer,  Spriugweiler,  Steele,  A.  B.; 
Steele,  W.  H.;  Sullivan,  Tibbetts,  Truax,  C.  S.;  Turner,  Van  Den- 
bergh,  Vedder,  Vogt,  Wellington,  Whitmyer,  Wiggins,  Woodward, 
President  — 113. 

Noes  —  Messrs.  Blake,  Coleman,  Emmet,  Gilleran,  Goeller,  Hot- 
tenroth,  Kerwin,  Marks,  Mnlqiieen,  Ohmeis,  Peabody,  Rogers, 
Speer,  Titus,  Tucker,  Veeder  — 16. 

When  the  names  of  Mr.  Mullin,  Mr.  Jenks,  Mr.  Roderick, 
Mr.  Towns  and  Mr.  Meyenborg  were  called  they  asked  to  be  and 
were  excused  from  voting. 

Mr.  President  stated  the  question  then  to  be  upon  the  adoption 
of  the  second  resolution  reported  by  said  committee,  in  words 
following: 

"Second  —  Resolved,  That  Harvey  W.  Putnam  and  Thomas  A. 
Sullivan  are  duly  elected  Delegates  from  the  Thirtieth  Senatorial 
district,  and  are  entitled  to  the  seats  in  this  Convention  now 
occupied  by  Herman  F.  Trapper  and  Charles  Beckwith." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 


286  JOURNAL  OF  THE 

Ayes  —  Messrs.  Abbott,  Ackerly,  Alvord,  Arnold,  Baker,  Banks, 
Barhite,  Barnum,  Barrow,  Becker,  Bigelow,  Bowers,  Brown,  E.  A.; 
Brown,  E.  R;  Cady,  Carter,  Cassidy,  Chipp,  Jr.;  Church,  Clark, 
G.  W.;  Clark,  H.  A.;  Cookinham,  Cornwell,  Countryman,  Crosby, 
Danforth,  Davenport,  Davis,  G.  A.;  Deady,  Deyo,  Dickey,  Doty, 
Durfee,  Faber,  Floyd,  Foote,  Francis,  Frank,  Andrew;  Fraser, 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Gilbert,  Goodelle, 
Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Hirschberg,  M.  H. ;  Holls, 
Jacobs,  Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R  M.;  Kellogg, 
Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon,  Mauley,  Mar- 
shall, Maybee,  Me  Arthur,  McClure,  McDonough,  Mclntyre, 
McKinstry,  McLaughlin,  C.  B. ;  McMillan,  Moore,  Morton,  Nichols, 
W.  H.;  O'Brien,  Osborn,  Parker,  Parkhurst,  Peck,  Phipps, 
Platzek,  Pool,  Powell,  Pratt,  Redman,  Roche,  Root,  Spencer, 
Springweiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  Tib- 
betts,  Turner,  VanDenbergh,  Vedder,  Vogt,  Wellington,  Whit- 
myer,  Wiggins,  Woodward,  President  —  104. 

Noes  —  Messrs.  Blake,  Coleman,  v  Goeller,  Hottenroth,  Kerwin, 
Marks,  Mulqueen,  Peabody,  Porter,  Rogers,  Speer,  Titus, 
Tucker  — 13. 

Mr.  Kerwin  moved  that  the  report  of  the  Printing  Committee 
be  made  a  special  order  to-morrow  morning  immediately  after 
the  reading  of  the  Journal . 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative,  two-thirds  of  all  the  Delegates  elected 
to  the  Convention  voting  in  favor  thereof. 

Leave  of  absence  from  the  session  to-morrow  was  granted  to 
Mr.  Tekulsky. 

The  President  administered  the  oath  of  office  to  Mr.  Harvey  W. 
Putnam  and  Thomas  A.  Sullivan,  as  Delegates  in  the  Convention. 

Mr.  Lincoln  moved  that  the  report  of  the  Committee  on  Suf- 
frage, relating  to  the  constitutional  amendment  requiring  all 
voters  to  be  citizens,  be  made  a  special  order  immediately  after 
the  report  of  the  Committee  on  Printing. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative,  two-thirds  of  all  the  Delegates  elected 
to  the  Convention  voting  in  favor  thereof. 

On  motion  of  Mr.  Bowers,  at  2.38,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION.  287 

Friday,  June  29,  1894. 

The  convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  R.  H.  Shirley. 

The  Journal  of  Thursday,  June  twenty-eighth,  was  read  and 
approved. 

Mr.  Porter  stated  that  had  he  been  present  yesterday  when 
the  report  of  the  Committee  on  Privileges  and  Elections  in  the 
matter  of  "Putnam  and  Sullivan  v.  Trapper  and  Beckwith" 
was  under  consideration  he  would  have  voted  for  the  report  of 
the  committee  in  said  case. 

Mr.  President  announced  the  designation  of  Lewis  R.  Stegman, 
as  reporter  for  the  Brooklyn  "  Standard-Union. " 

274. — Mr.  Cady,  by  unanimous  consent,  presented  a  proposed 
amendment  to  article  7,  section  6  of  the  Constitution,  relating  to 
the  canals. 

Referred  to  the  Committee  on  Canals. 

275. —  Also,  a  proposed  amendment  to  article  7,  section  12  of 
the  Constitution  relating  to  canals. 

Referred  to  the  Committee  on  Canals. 

Mr.  President  announced  the  special  order,  being  the  report  of 
the  Committee  on  Printing,  in  words  foil  owing : 

The  Committee  on  Printing,  having  had  referred  to  them  the 
following  resolution  offered  by  Mr.  Cookinham: 

Resolved,  That  the  subject  of  printing  and  publishing  for  the 
Convention,  which  is  not  covered  by  the  rules  or  the  directions  of 
the  Convention  heretofore  given,  be  referred  to  the  Committee  on 
Printing,  with  instructions  to  examine  and  report  tiiereon,  at  the 
earliest  practical  date,  as  to  what  should  be  printed  and  pub- 
lished, and  also  the  best  method  of  doing  the  sam'e,  and  as  to 
whom  should  be  furnished  copies  thereof,  respectfully  report  as 
follows: 

First. — In  regard  to  the  Manual  and  compilations,  your  com- 
mittee are  of  the  opinion  that  it  is  not  desirable  that  the  pic- 
of  the  delegates  to  this  Convention  should  be  distributed  as 


288  JOURNAL  OF  THE 

public  documents  through  this  and  other  States,  and  accordingly 
offer  the  following  resolution  and  recommend  its  adoption: 

Resolved,  That  the  719  volumes  of  the  series  known  as  volume 
2,  part  1,  of  the  Manual,  be  distributed  among  the  members  of 
the  Convention  as  follows :  To  each  delegate  and  to  the  Secretary 
of  the  Convention,  four  volumes;  and  the  residue  to  the  President 
to  be  disposed  of  by  him  as  he  shall  deem  proper,  and  that  no 
more  be  printed. 

Kesolved,  That  the  other  volumes  of  said  Manual  and  com- 
pilations be  distributed  as  follows:  To  each  of  the  delegates 
and  to  the  Secretary  of  the  Convention,  thfee  volumes  of  each 
series;  to  the  State  Library,  two  volumes;  to  the  Senate  library, 
two  volumes;  to  the  Assembly  library,  two  volumes;  to  the 
Regents  of  the  University  the  residue  thereof,  to  be  distributed 
by  them  to  the  public  officers,  the  incorporated  colleges  and  uni- 
versities of  the  State,  and  to  exchanges,  including  one  set  for 
each  of  the  States  and  Territories. 

Second. — In  reference  to  the  publication,  binding  and  distri- 
bution of  the  documents,  and  the  debates  and  proceedings  of  the 
Convention,  your  committee  offer  for  your  consideration  and 
recommend  for  adoption  the  following  resolution: 

Resolved,  That  the  verbatim  report  of  the  proceedings  and 
debates  of  the  Convention  which  has  heretofore  been  printed  and 
placed  on  the  files  of  the  delegates  should  be  continued.  That, 
hereafter  there  should  be  printed,  daily,  800  copies  thereof,  of 
which  twenty-five  copies  should  be  at  the  disposal  of  the  Presi- 
dent, and  that  in  addition  thereto  600  copies  should  be  printed 
and  bound  and  distributed  as  follows:  To  each  delegate,  two 
copies;  to  the  State  Library,  five  copies;  to  the  Senate  library, 
five  copies;  to  the  Assembly  library,  five  copies;  to  the  county 
rlerk  of  each  county,  for  the  library  of  each  county,  one  copy; 
to  the  Regents  of  the  University  the  residue  of  said  copies,  to  be 
distributed  by  them  to  the  public  offices  of  the  State  and  the 
incorporated  colleges  and  universities  thereof,  and  to  exchanges, 
including  one  set  to  each  of  the  States  and  Territories. 

Resolved,  further,  That  600  copies  of  all  documents  ord( 
printed  to  be  bound  and  distributed  in  like  manner. 

Resolved,  further,  That  1,000  copies  of  all  proposed  Constitu- 
tional amendments  be  printed,  of  which  twenty-five  copies  shall 
be  at  the  disposal  of  the  President. 


CONSTITUTIONAL  CONVENTION.  289 

Third. —  As  to  the  distribution  of  the  report  of  the  proceedings 
of  the  Convention  among  the  newspapers  of  this  State,  your  com- 
mittee offer  the  following  preamble  and  resolution  for  the  con- 
sideration of  the  Convention  and  recommend  its  adoption : 

Whereas,  It  is  deemed  due  to  the  people  of  the  State  that  full 
reports  of  the  proceedings  of  this  Convention  be  published  in  cur- 
rent form,  your  Committee  on  Printing  submits  the  following 
resolution,  and  recommend  its  favorable  consideration  by  the 
Convention : 

Resolved,  That  the  Compiler  be  directed  to  enter  into  a  con- 
tract, if  possible,  with  the  Journal  Company  and  The  Argus  Com- 
pany, respectively,  of  the  city  of  Albany,  on  the  following  condi- 
tions, namely,  to  print  the  entire  proceedings  and  debates  of  this 
Convention,  including  record  of  votes  by  division  and  roll  call, 
from  this  date  until  the  close  of  the  Convention  for  a  sum  not 
exceeding  $7,500  in  each  newspaper,  provided  said  publishers  will 
agree  to  mail  one  copy  of  their  daily  issue  to  the  office  of  each 
newspaper  and  periodical  of  the  State  of  New  York,  excepting 
monthly  and  trade  publications,  and  to  provide  each  member  of 
this  Convention  with  two  copies  of  the  newspapers  containing  the 
proceedings  of  this  Convention ;  and,  also,  provided,  that  said  pub- 
lishers waive  all  further  claims  against  the  State  under  their 
contracts  with  the  Compiler,  dated  April  5,  1894. 

Said  papers  to  publish  complete  each  day  the  Convention  pro- 
ceedings of  the  day  before,  unless  an  aifternoon  or  evening  session 
is  held,  then  such  afternoon  or  evening  proceedings  to  be  pub- 
lished not  later  than  the  second  succeeding  day. 

Resolved,  That  before  the  said  contract  is  signed,  it  be  first 
submitted  to  the  Committee  on  Printing  and  receive  the  approval 
as  to  details. 

Resolved,  That,  in  the  opinion  of  the  committee;  the  afore- 
said contract  will  give  all  needful  immediate  publicity  to  thfe 
proceedings  of  the  Convention,  and  no  other  regular  distribution 
of  reports  or  documents  will  be  required  during  the  session  of 
the  Convention. 

All  of  which  is  respectfully  submitted  as  the  recommendations 
of  a  majority  of  the  committee. 

F.  H.  HAMLIN, 

Chairman. 
19 


290  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  adoption  of  the  first 
resolution  in  words  following: 

"  Kesolved,  That  the  719  volumes  of  the  series  known  as  volume 
2,  part  1,  of  the  Manual,  be  distributed  among  the  members  of 
the  Convention  as  follows :  To  each  delegate  and  to  the  Secretary 
of  the  Convention,  four  volumes;  and  the  residue  to  the  President 
to  be  disposed  of  by  him  as  he  shall  deem  proper,  and  that  no 
more  be  printed. " 

Mr.  Moore  moved  to  amend  said  resolution  by  striking  out  the 
word  "  four  "  and  inserting  in  lieu  thereof  the  word  "  two.  " 

Mr.  Ackerly  moved  the  previous  question  and  it  was  determined 
in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Moore,  and 
it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  the  resolu- 
tion reported  by  the  Committee  on  Printing  and  it  was  deter- 
mined in  the  negative. 

Mr.  President  stated  the  question  then  to  be  upon  the  second 
resolution  in  words  following: 

"B/esolved,  That  the  other  volumes  of  saM  Manual  and  com- 
pilations be  distributed  as  follows:  To  each  of  the  delegates 
and  to  the  Secretary  of  the  Convention,  three  volumes  of  each 
series;  to  the  State  library,  two  volumes;  to  the  Senate  library, 
two  volumes;  to  the  Assembly  library,  two  volumes;  to  the 
Regents  of  the  University  the  residue  thereof,  to  be  distributed 
by  them  to  the  public  officers,  the  incorporated  colleges  and  uni- 
versities of  the  State,  and  to  exchanges,  including  one  set  for 
each  of  the  States  and  Territories." 

Mr.  Dickey  moved  the  previous  question  and  it  was  determined 
in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  the  resolu- 
tion and  it  was  determined  in  the  negative. 

Mr.  President  then  stated  the  question  to  be  upon  the  adoption 
of  the  third  resolution  in  words  following : 

"Kesolved,  That  the  verbatim  report  of  the  proceedings  and 
debates  of  the  Convention  which  has  heretofore  been  printed  and 
placed  on  the  files  of  the  delegates  should  be  continued.  That 
hereafter  there  should  be  printed,  daily,  800  copies  thereof,  of 


CONSTITUTIONAL  CONVENTION.  291 

which  twenty-five  copies  should  be  at  the  disposal  of  the  Presi- 
dent, and  that,  in  addition  thereto,  600  copies  should  be  printed 
and  bound  and  distributed  as  follows:  To  each  delegate,  two 
copies;  to  the  State  library,  five  copies;  to  the  Senate  library, 
five  copies;  to  the  Assembly  library,  five  copies;  to  the  county 
clerk  of  each  county,  for  the  library  of  each  county,  one  copy; 
to  the  Regents  of  the  University  the,  residue  of  said  copies,  to  be 
distributed  by  them  to  the  public  offices  of  the  State  and  the  incor- 
porated colleges  and  universities  thereof,  and  to  exchanges, 
including  one  set  to  each  of  the  States  and  Territories. " 

Mr.  Crosby  moved  to  amend  by  inserting  after  the  words 
"  Assembly  library,  five  copies, "  the  following : 

"To  each  judicial  district  and  each  State  Law  library,  two 
copies;  to  the  New  York  State  Bar  Association,  one  copy;  to  the 
New  York  City  Bar  Association,  one  copy;  to  Harlem  library,  one 
copy;  to  Buffalo  Historical  Society,  one  copy;  to  Rochester  Bar 
Association  one  copy;  to  Court  of  Appeals  library,  one  copy;  to 
New  York  Law  Institute,  one  copy;  to  Rochester  Historical 
Society,  one  copy;  to  Cornell  Law  library,  one  copy;  to  Powers 
Law  library,  one  copy;  to  Oneonta  Normal  school,  one  copy;  to 
Weed  library  of  Malone  village,  one  copy." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Crosby,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  resolution,  as  amended, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  then  stated  the  question  to  be  upon  the  next 
resolution  in  words  following: 

"Resolved,  further,  That  600  copies  of  all  documents  ordered 
printed  be  bound  and  distributed  in  like  manner. " 

Mr.  President  then  put  the  question  and  it  was  determined  in 
the  affirmative. 

Mr.  President  then  stated  the  question  to  be  upon  the  resolution 
in  words  following: 

"  Resolved,  further,  That  1,000  copies  of  all  proposed  Constitu- 
tional amendments  be  printed,  of  which  twenty-five  copies  shall 
be  at  the  disposal  of  the  President " 

Mr.  Hamlin  moved  to  amend  by  inserting  after  th'e  word 
"  amendments  "  the  word  "  not  already  printed. " 


292  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Hamlin, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  resolution  as  amended, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  then  stated  the  question  to  be  upon  the  resolu- 
tions in  words  following : 

"Kiesolved,  That  the  Compiler  be  directed  to  enter  into  a  con- 
tract, if  possible,  with  the  Journal  Company  and  The  Argus  Com- 
pany, respectively,  of  the  city  of  Albany,  on  the  following  condi- 
tions, namely,  to  print  the  entire  proceedings  and  debates  of  this 
Convention,  including  record  of  votes  by  division  and  roll  call, 
from  this  date  until  the  close  of  the  Convention  for  a  sum  not 
exceeding  f  7,500  in  each  newspaper,  provided  said  publishers  will 
agree  to  mail  one  copy  of  their  daily  issue  to  the  office  of  each 
newspaper  and  periodical  in  the  State  of  New  York,  excepting 
monthly  and  trade  publications,  and  to  provide  each  member  of 
this  Convention  with  two  copies  of  the  newspapers  containing  the 
proceedings  of  this  Convention ;  and,  also,  provided,  that  said  pub- 
lishers waive  all  further  claims  against  the  State  under  their 
contracts  with  the  Compiler,  dated  April  5,  1894. 

"  Said  papers  to  publish  complete  each  day  the  Convention  pro- 
ceedings of  the  day  before,  unless  an  afternoon  or  evening  session 
is  held,  then  snch  afternoon  or  evening  proceedings  to  be  pub- 
lished not  later  than  the  second  siicceeding  day. 

"Kesolved,  That  before  the  said  contract  is  signed,  it  be  first 
submitted  to  the  Committee  on  Printing  and  receive  the  approval 
as  to  details. 

"Resolved,  That,  in  the  opinion  of  the  committee,  the  afore- 
said contract  will  give  all  needful  immediate  publicity  to  the 
proceedings  of  the  Convention,  and  no  other  regular  distribution 
of  reports  or  documents  will  be  required  during  the  session  of 
the  Convention. " 

Mr.  Durfee  moved  to  amend  by  striking  out  the  word  "  further  " 
prior  to  the  word  "  claims  "  in  the  last  paragraph  of  the  first  of 
said  resolutions,  and  also  to  change  the  word  "  committee "  to 
"Convention. " 

Mr.  Becker  moved  to  amend  as  follows : 

"  Strike  out  all  after  the  word  "  waive  "  in  the  last  line  but  one 

of  the  first  paragraph,  and  insert  in  lieu  thereof   "All    claims 

!&**. 


CONSTITUTIONAL  CONVENTION.  293 

arising  under  their  contracts  with  the  Compiler  dated  April  5, 
1894,  which  have  accrued  since  the  adoption  by  the  Convention 
of  the  resolution  of  June  thirteenth,  forbidding  further  publi- 
cation of  the  debates  and  proceedings  other  than  the  Journal. 

Mr.  Becker  called  for  a  division  of  the  question. 

Mr.  President  put  the  question  on  the  adoption  of  the  first 
portion  of  the  motion  of  Mr.  Becker,  in  words  following : 

"  Strike  out  all  after  the  word  'waive '  in  the  last  line  but  one 
of  the  first  paragraph,  and  insert  in  lieu  thereof  'All  claims  arising 
under  their  contracts  with  the  Compiler,  dated  April  5,  1894, 
which  have  accrued  since  the  adoption  by  the  Convention  of  the 
resolution  of  June  thirteenth,  forbidding  further  publication  of 
the  debates  and  proceedings  other  than  the  Journal,"  and  it  was 
determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Durfee 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  second  portion  of 
Mr.  Becker's  motion,  in  words  following: 

"  But  the  matter  mailed  to  the  other  newspapers  and  periodicals 
in  this  State  shall  be  complete  in  itself  and  shall  not  be  the  daily 
issue  of  the  newspapers  known  as  the  Evening  Journal  and  The 
Albany  Argus,"  and  it  was  determined  in  the  negative. 

.Mr.  Dean  moved  to  amend  as  follows: 

"  Strike  out  all  that  part  of  the  resolution  providing  for  publi- 
cation by  The  Argus  Company. " 

Mr.  President  put  the  question  and  it  was  determined  in  the 
negative. 

Mr.  Cookinham  moved  to  amend  as  follows: 
Insert  after  the  words  "  April  5,  1894, "  the  following: 
"  And  that  in  no  event  shall  the  compensation  to  each  of  said 
companies  exceed  thirty  cents  per  folio  for  each  such  publication." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cookin- 
ham, and  it  was  determined  in  the  negative. 

Mr.  Hawley  moved  the  previous  question. 

Mr.  President  put  the  question  on  ordering  the  previous  ques- 
tion, and  it  was  determined  in  the  affirmative. 


294  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  adoption  of  the  resolution 
as  amended  and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Abbott,  Ackerly,  Alvord,  Baker,  Barhite,  Bar- 
num,  Brown,  E.  B.;  Cady,  Cassidy,  Chipp,  Jr.;  Countryman, 
Crosby,  Durfee,  Faber,  Foote,  Francis,  Fraser,  Fuller,  C.  A.;  Gil- 
bert, Hamlin,  Hedges,  Hoi  comb,  Johnson,  I.  Sam;  Johnson,  J.; 
Johnston,  B.  M.;  Kellogg,  Kimrney,  Lewis,  M.  E.;  Lincoln, 
McArthur,  McCurdy,  McDonough,  McKinstry,  McLaughlin,  C.  B.; 
McMillan,  Meyenborg,  Moore,  Nichols,  W.  H.;  Parkhurst,  Pool, 
Pratt,  Smith,  Spencer,  Steele,  W.  H.;  Storm,  Towns,  Tucker, 
Vedder,  Woodward,  President  —  52. 

Noes  —  Messrs.  Arnold,  Banks,  Barrow,  Becker,  Bigelow,  Blake, 
Bowers,  Campbell,  Carter,  Cochran,  Cookinham,  Curran,  Dan- 
forth,  Davenport,  Dean,  Deyo,  Dickey,  Doty,  Emmet,  Fitzgerald, 
F.  T.;  Fitzgerald,  T.  W.;  Forbes,  Frank,  Andrew;  Galinger,  Gib- 
ney,  Gilleran,  Goeller,  Goodelle,  Green,  A.  H.;  Green,  J.  I.;  Gris- 
wold,  Hawley,  Hecker,  Holls,  Hottenroth,  Jacobs,  Jenks,  Kerwin,- 
Lewis,  C.  H.;  Marshall,  Maybee,  Mclntyre,  Morton,  Mullen, 
O'Brien,  Ohmeis,  Parmenter,  Peabody,  Peck,  Platzek,  Powell, 
Putnam,  Boche,  Kogers,  Boot,  Sandford,  Steele,  A.  B.;  Sullivan, 
W.;  Truax,  C.  H.;  Truax,  C.  S.;  VanDenbergh,  Veeder,  Vogt, 
Whitmyer  —  65. 

Mr.  Becker  offered  a  resolution  in  words  following : 

"Besolved,  That  a  copy  of  all  the  debates  and  proceedings  of 
this  Convention,  including  reports  of  committees,  be  published 
and  sent  at  least  twice  a  week  by  the  Secretary  of  this  Convention 
to  each  newspaper  and  periodical  in  this  State,  except  monthly 
and  trade  journals,  and  that  the  Secretary  be  and  he  hereby  is 
authorized  to  make  a  contract  for  that  purpose  with  the 
publishers  of  the  journals  of  the  Convention. 

Said  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  President  announced  the  next  special  order,  being  the 
adverse  report  on  the  resolution  offered  by  Mr.  Lincoln  "  request- 
ing Congress  to  recommend  and  submit  to  the  several  States  a 
proposed  amendment  to  the  National  Constitution  requiring  all 
voters  to  be  citizens. 

Mr.  Goodelle  moved  that  said  report  be  made  a  special  order 
for  next  Thursday  morning  immediately  after  the  reading  of  the 
Journal. 


CONSTITUTIONAL  CONVENTION.  295 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative,  two-thirds  of  all  the  Delegates  elected 
to  the  Convention  voting  in  favor  thereof. 

By  unanimous  consent  Mr.  Barhite  presented  a  memorial  in 
favor  of  female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Pratt  offered  a  resolution  in  words  following: 
"Resolved,  That  the  Secretary  of  the  Convention  cause  to  be 
prepared  a  compilation  of  the  titles  of  all  special  acts  of  the 
Legislature  of  this  State  exempting  particular  property  or  persons 
from  taxation  with  a  citation  of  the  volume  and  chapter  of  the 
session  laws,  where  each  act  can  be  found  and  a  brief  designation 
of  the  particular  property  or  persons  exempted  by  each!  act. 

"  This  resolution  shall  cover  all  acts  of  the  Legislature  contained 
in  the  session  laws  and  not  contained  in  the  last  edition  of  the 
Revised  Statutes." 

Referred  to  the  Committee  on  Charities  and  Taxation. 

Mr.  President  presented  a  communication  from  the  Comptroller 
in  words  following: 

"STATE   OP  NEW  YORK, 

Comptroller's  Office, 

Albany,  June  29,  1894. 

"To  the  Constitutional  Convention,  Albany,  N.  Y.; 

"  Gentlemen. —  Responding  to  the  resolution  of  your  honorable 
body  calling  for  'a  statement  of  the  amount  that  has  been  paid 
for  the  last  five  fiscal  years,  for  the  judges  of  the  Court  of  Appeals 
and  the  justices  of  the  Supreme  Court,  under  section  13,  article  6 
of  the  Constitution;  and  also,  the  amount  appropriated  at  the 
recent  session  of  the  Legislature  for  former  judges  of  said  court/ 
I  have  the  honor  to  submit  the  following: 


296  JOURNAL  OF  THE 

PAYMENTS   TO    JUDGES   WHOSE    TEEMS   HAVE 
EXPIRED. 

Court  of  Appeals. 

1889 |5,000  00 

1890 10,000  00 

1891 12,000  00 

1892 12,000  00 

1893 6,000  00 


Total 145,000  00 

Supreme    Court. 

1889 $12,000  00 

1890 10,800  00 

1891 22,116  66 

1892 21,436  67 

1893 28,800  00 


Total 195,153  33 

"  There  was  appropriated  by  chapter  358  of  the  Laws  of  1894, 
for  the  payment  of  judges  the  sum  of  $36,000.  There  was  also 
appropriated  for  Catherine  Lydia  Brady,  widow  of  Judge  John 
R.  Brady,  $4,725.80. 

"The  total  amount  thus  far  paid  to  judges  of  the  Court  of 
Appeals  under  the  above  provision  of  the  Constitution  is 
159,225.27;  to  justices  of  the'  Supreme  Court,  $198,978.33,  making 
the  total  amount  thus  far  paid  under  the  provision,  $258,203.66. 
There  are  at  present  five  judges  who  are  beneficiaries  of  this  fund. 

"  Respectfully  submitted, 

"JAMES  A.  ROBERTS, 

"Comptroller." 
Referred  to  the  Committee  on  Judiciary. 

Leave  of  absence  was  granted  to  Messrs.  McKinstry  and 
Andrew  Frank  for  next  Thursday  and  Friday. 

On  motion  of  Mr.  G-alinger,  at  12.40,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION.  297 

Thursday,   July  5,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  A.  K.  Duff. 

The  Journal  of  Friday,  June  twenty-ninth,  was  read  and 
approved. 

Mr.  President  announced  the  special  order,  being  in  words 
following: 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  resolution  introduced  by  Mr.  Lincoln,  requesting 
Congress  to  recommend  and  submit  to  the  several  States  a 
proposed  amendment  to  the  National  Constitution  requiring 
voters  to  be  citizens,  reported  adversely  thereto,  said  resolution 
being  in  words  following: 

Whereas,  Sixteen  States,  to  wit,  Alabama,  Arkansas, 
Colorado,  Florida,  Indiana,  Kansas,  Louisiana,  Michigan,  Minne- 
sota, Missouri,  Nebraska,  North  Dakota,  Oregon,  South  Dakota, 
Texas  and  Wisconsin,  by  their  constitutions  grant  the  right  of 
suffrage  to  aliens  who  have  filed  a  declaration  of  their  intention 
to  become  citizens,  but  who  have  not  been  naturalized,  thus  per- 
mitting persons  to  participate  in  the  government  of  their  country 
who  are  subjects  of  a  foreign  power,  and  who  owe  allegiance 
neither  to  the  State  nor  to  the  United  States,  thereby  giving  rise 
to  occasions  when  the  vote  of  aliens  may  change  the  course  of 
government ;  therefore, 

Resolved,  That  it  is  the  sense  of  this  Convention  that  such 
stitution;  that  the  right  of  suffrage  ought  to  be  uniform  through- 
grant  of  suffrage  is  contrary  to  the  spirit  of  the  American  Con- 
out  the  Union ;  and  that  no  person  ought  to  be  permitted  to  vote 
who  is  not  a  citizen  of  the  United  States. 

Resolved,  That  we  hereby  request  Congress  to  recommend  and 
submit  to  the  several  States  for  their  consideration,  a  proposed 
amendment  to  the  National  Constitution,  requiring  all  voters  to 
be  citizens,  and  prohibiting  any  State  from  granting  the  right 
of  suffrage  to  any  person  who  is  not  a  citizen  of  the  United  States. 

Resolved,  That  the  Secretary  of  the  Convention  immediately 
transmit  a  copy  of  these  resolutions  to  the  President  of  the  Senate 
of  the  United  States  and  also  to  the  Speaker  of  the  House  of 
Representatives. 


298  JOURNAL  OF  THE 

Resolved,  That  we  hereby  respectfully  request  the  Senators 
and  members  of  Congress  from  this  State  to  urge  the  adoption 
by  Congress  of  a  concurrent  resolution  providing  for  the  submis- 
sion of  the  proposed  amendment. 

Debate  being  had  thereon  by  Messrs,  Lincoln,  Barhite, 
Roche,  Groodelle,  Cassidy,  McDonough  and  Moore. 

Mr.  Platzek  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  agreeing  to  the  report  of  the 
committee,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Acker,  Alvord,  Barnum,  Barrow,  Becker,  Bige- 
low,  Bowers,  Chipp,  Jr.;  Clark,  H.  A.;  Cochran,  Danforth,  Daven- 
port, Durnin,  Emmet,  Fields,  Francis,  Frank,  Andrew;  Goeller, 
Goodelle,  Griswold,  Hawley,  Herzberg,  A.;  Hill,  Hirschberg, 
M.  H.;  Hottenroth,  Johnson,  J.;  Kerwin,  Kimmey,  Lauterbach, 
Lester,  Lewis,  C.  H.;  Lyon,  Marks,  Marshall,  Maybee,  Mclntyre, 
McLaughlin,  J.  W.;  Nicoll,  DeL.;  O'Brien,  Ohmeis,  Osborn,  Pea- 
body,  Peck,  Platzek,  Putnam,  Roche,  Root,  Sandford,  Schumaker, 
Speer,  Spencer,  Steele,  A.  B.;  Sullivan,  T.  A.;  Tekulsky,  Tibbetts, 
Titus,  Truax,  C.  H.;  Truax,  C.  S.;  Tucker,  Veeder,  Wellington, 
Whitmyer,  Wiggins,  President  —  64. 

Noes  —  Messrs.  Abbott,  Ackerly,  Allaben,  Barhite,  Cady, 
Carter,  Cassidy,  Countryman,  Crosby,  Curran,  Davies,  J.  C. ;  Dean, 
Dickey,  Durfee,  Floyd,  Foote,  Frank,  Augustus;  Fraser,  Fuller, 
C.  A.;  Fuller,  O.  A.;  Gnalinger,  Gilbert,  Hedges,  Johnson,  I.  Sam; 
Johnston,  R.  M.;  Kellogg,  Lewis,  M  .  E.;  Lincoln,  Manley,  Man- 
tanye,  Me  Arthur,  McDonough,  McLaughlin,  C.  B.;  Moore,  Nichols, 
W.  H.;  Phipps,  Powell,  Redman,  Riggs,  Roderick,  Rogers,  Steele, 
W.  H.;  Storm,  Sullivan,  W.;  Turner,  Van  Denbergh,  Vedder, 
Vogt  —  48. 

Mr.  Goodelle  presented,  by  request,  a  communication  from 
S.  F.  Rawson,  relative  to  sailors!  in  charitable  institutions  and 
their  right  to  vote. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Tucker  presented  petition  of  citizens  of  New  York  city  in 
favor  of  female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 


CONSTITUTIONAL  CONVENTION.  299 

Mr.  McDonough  presented  petitions  of  labor  organizations  of 
the  State  asking  the  -abolition  of  prison  labor. 

Referred  to  the  Committee  on  State  Prisons. 

Mr.  Dean  moved  that  the  Convention  now  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Hill  presented  the  following: 

To  the  Delegates  of  the  Constitutional  Convention  : 

You  are  hereby  cordially  invited  to  attend  the  session  of  the 
University  Convocation  of  the  State  of  New  York  now  in  pro- 
gress in  the  Senate  Chamber  of  the  State  Capitol. 

Very  respectfully, 

HENRY  P.  EMERSON, 
Chairman  of  Convocation  Council. 

Dated  Albany,  N.  Y.,  July  5,  1894. 

Mr.  Gilbert  moved  "the  thanks  of  the  Convention  and  accept- 
ance of  the  invitation. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Gilbert, 
and  it  was  determined  in  the  affirmative. 

Mr.  A.  B.  Steele  moved  that  the  vote  by  which  the  resolution 
of  the  Committee  on  Printing,  in  words  following  :  "  As  to  the 
distribution  of  the  report  of  the  proceedings  of  the  Convention 
among  the  newspapers  of  this  State,  your  committee  offer  the 
following  preamble  and  resolution  for  the  consideration  of  the 
Convention  and  recommend  its  adoption: 

Whereas,  It  is  deemed  due  to  the  people  of  this  State  that  full 
reports  of  the  proceedings  of  this  Convention  be  published  in  cur- 
rent form,  your  Committee  on  Printing  submits  the  following 
resolution,  and  recommends  its  favorable  consideration  by  the 
Convention : 

Resolved,  That  the  Compiler  be  directed  to  enter  into  a  con- 
tract, if  possible,  with  the  Journal  Company  and  The  Argus  Com- 
pany, respectively,  of  the  city  of  Albany,  on  the  following  condi- 
tions, namely,  to  print  the  entire  proceedings  and  debates  of  this 
Convention,  including  record  of  votes  by(  division  and  roll  call 
from  this  date  until  the  close  of  the  Convention  for  a  sum  not 


300  JOURNAL  OF  THE 

exceeding  f  7,500  in  each  newspaper,  provided  said  publishers  will 
agree  to  mail  one  copy  of  their  daily  issue  to  the  office  of  each 
newspaper  and  periodical  in  the  State  of  New  York,  excepting 
monthly  and  trade  publications,  and  to  provide  each  member  of 
this  Convention  with  two  copies  of  the  newspapers  containing  the 
proceedings  of  this  Convention;  and,  also,  provided,  that  said 
publishers  waive  all  further  claims  against  the  State  undeivtheir 
contracts  with  the  Compiler  dated  April  5,  1894. 

Said  papers  to  publish  complete  each  day  the  Convention  pro- 
ceedings of  the  day  before,  unless  an  afternoon  or  evening  session 
is  held,  then  such  afternoon  or  evening  proceedings  to  be  pub- 
lished not  later  than  the  second  succeeding  day. 

Resolved,  That  before  the  said  contract  is  signed,  it  be  first 
submitted  to  the  Committee  on  Printing  and  receive  the  approval 

as  to  details. 

Resolved,  That,  in  the  opinion  of  the  Committee,  the  afore- 
said contract  will  give  all  needful  immediate  publicity  to  the 
proceedings  of  the  Convention,  and  no  other  regular  distribution 
of  reports  or  documents  will  be  required  during  the  session  of 
the  Convention;"  was  lost,  be  reconsidered,  and  that  that  motion 
lay  on  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  A.  B.  • 
Steele,  and  it  wa$  determined  in  the,  affirmative. 

Mr.  Root  offered  a  resolution  in  words  following: 
Resolved,  That  the  Compiler  appointed  pursuant  to  the  act  of 
March  30,  1894,  be,  and  he  hereby  is,  called  upon  to  inform  the 
Convention  what  the  documents  now  upon  the  files  of  delegates 
and  numbered  9,  15,  18,  19,  20  and  23  are;  pursuant  to  what 
resolutions  of  the  Convention,  if  any,  they  have  been  printed; 
and  if  any  of  them  be  not  printed  pursuant  to  such  a  resolution, 
then  by  what  authority  they  have  been  printed;  and  whether 
these  papers  are  a  part  of  any  forthcoming  volume  of  the  Manual 
directed  by  the  Legislature;  and  if  so,  whether  the  printing 
thereof  as  Convention  documents  is  to  be  paid  for  separately,  and 
by  what  authority  these  pages  are  called  Convention  documents. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  301 

Mr.  Moore  offered  a  resolution  in  words  following: 
Resolved,  That  after  July  fifteenth  this  Convention  meet  Mon- 
days and  Saturdays  in  addition  to  the  days  in  each  week  it  now 
meets  under  the  rules. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 
Mr.  Van  Denbergh  offered  a  resolution  in  words  following : 

Resolved,  That  the  Secretary  of  State  do  furnish  to  this  Conven- 
tion the  names  of  the  judges  of  the  Court  of  Appeals  and  the 
names  of  the  justices  of  the  Supreme  Court  of  the  State  of  New 
York,  whose  terms  of  office  commenced  on  and  since  January 
1,  1880,  with  the  ages  of  such  at  the  time  of  the  commence- 
ment of  their  said  terms,  and  when  the  official  term  of  each 
commenced;  when  the  official  term  of  each  terminated,  or  will 
terminate,  either  by  completion  of  a  full  term  or  by  reason  of  the 
disability  of  age  prescribed  in  the  Constitution. 

Referred  to  the  Committee  on  Judiciary. 

Mr.  Van  Denbergh  also  offered  a  resolution  in  words  following  : 
Resolved,  That  the  Comptroller  of  the  Statei  of  New  York, 
do  furnish  to  this  Convention  the  names  of  the  judges  of 
the  Court  of  Appeals  of  the  State  of  New  York  and  the  names  of 
the  justices  of  the  Supreme  Court  of  the  State  of  New  York, 
with  the  sum  paid  to  each  annually,  as  such  officers,  since  Janu- 
ary 1,  1890,  without  regard  to  the  question  whether  such  per 
son  continues  to  exercise  the  duties  and  powers  of  his  office 
or  not. 

Referred  to  the  Committee  on  Judiciary. 

Mr.  Becker  offered  a  resolution  in  words  following: 
Resolved,  That  the  State  Engineer  be  requested  to  furnish  the 
Committee  on  Legislative  Organization  a  map  of  the  State  show- 
ing the  Senate  and  Assembly  districts,  and  the  population  of  each 
district  and  the  registered  vote,  and  the  vote  cast  at  the  last 
general  election  for  Senators  and  Members  of  Assembly. 
Referred  to  the  Committee  on  Legislative  Organization. 


302  -  JOURNAL  OF  THE 

Mr.  President  presented  a  communication:  from  the  Comp- 
troller in  words  following: 

STATE  OF  NEW  YORK,  \ 

COMPTROLLER'S  OFFICE, 

ALBANY,  July  3,  1894.  ) 

Hon.  Charles  E.  Fitch,    Secretary    Constitutional    Convention, 
Albany,  N.  Y.: 

Dear  Sir. — In  relation  to  the  resolution  of  the  Convention 
requesting  the  Comptroller  to  furnish  a  statement  of  exempt 
property  throughout  the  State,  permit  me  to  say  that  every  effort 
is  being  made  to  obtain  this  information,  which  I  shall  be  most 
happy  to  furnish  at  the  earliest  day  possible. 

Yours  respectfully, 

JAMES  A.  ROBERTS, 

Comptroller. 

Mr.  Storm  moved  that  the  Convention  take  a  recess  until  half- 
past  two. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

276. — Mr.  Titus  presented  a  proposed  amendment  to  the  Con- 
stitution providing  for  local  option  in  the  sale  of  spirituous 
beverages. 

Referred  to  the  Committee  on  Legislative  Powers  and  Duties. 
277.— By  Mr.  Dickey: 

A  proposed  amendment  to  article  6,  section  6  of  the  Constitu- 
tion, to  increase  the  number  of  judicial  districts. 
Referred  to  the  Committee  on  Judiciary. 


278.— By  Mr.  J.  C.  Davies: 

A  proposed  amendment  to  article  3,  -section  2  of  the  Consti 
tion,  relative  to  the  tenure  of  office  of  Senators  and  Members  of 
Assembly. 

Referred  to  the  Committee  on  Legislative  Organization. 


itu- 


CONSTITUTIONAL  CONVENTION.  303 

279.— By  Mr.  Kellogg: 

A  proposed  amendment  to  the  Constitution  providing  that 
statements  of  taxable  property  be  furnished  the  Boards  of 

Assessors. 

Referred  to  the  Committee  on  State  Finances  and  Taxation. 

280. — Also,  a  proposed  amendment  to  article  1,  section  6  of 
the  Constitution,  prohibiting  the  passage  of  laws  to  cure  a  juris- 
dictional  defect  in  any  proceeding  affecting  the  title  to  property. 

Referred  to  the  Committee  on  Powers  and  Duties  of  the  Legis- 
lature. 

281. — Also,  a  proposed  amendment  to  article  3,  section  17  of 
the  Constitution,  prohibiting  the  passage  of  laws  to  render  valid 
previously  void  conveyances  of  property. 

Referred  to  the  Committee  on  Powers  and  Duties  of  the  Legis- 
lature, i 

282. — Also,  a  proposed  amendment  to  the  Constitution  provid- 
ing for  an  equal  and  uniform  taxation  of  property  in  this  State. 
Referred  to  the  Committee  on  State  Finances. 

.283.— By  Mr.  Mantanye: 

A  proposed  amendment  to  article  10,  section  1  of  the  Consti- 
tution, relative  to  the  election  and  tenure  of  office  of  sheriff  and 
other  county  officers. 

Referred  to  the  Committee  on  Judiciary;  also,  County,  Town 
and  Village  Officers. 

284. —  Also,  a  proposed  amendment  to  article  3,  section  22  of 
the  Constitution,  relative  to  the  election  of  supervisors  in  towns 
and  villages.  i 

Referred  to  the  Committee  on  Judiciary;  also,  County,  Town 
and  Village  Officers. 

Leave  of  absence  was  granted  to  Mr.  Peabody  from  to-morrow's 
session. 

On    motion    of   Mr.   Durfee,   at    1.05   o'clock,    the   Convention 
Jjourned. 


304  JOURNAL  OF  THE 


Friday,  July  6,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Eev.  Dr.  S,  F,  Morrow. 

The  Journal  of  Thursday,  July  fifth,  was  read  and  approved. 

Mr.  President  presented  a  communication  from  the  State 
Charities  Aid  Association  in  refernce  to  the  support  of  children 
at  public  expense  in  private  institutions  in  New  York  city. 

Referred  to  the  Committee  on  Charities. 

Also,  communications  from  citizens  of  New  York  in  favor  of 
civil  service  reform. 
Referred  to  the  Committee  on  Civil  Service. 

Mr.  President  appointed  Mr.  Deady  on  the  Eailroad  Com- 
mittee in  place  of  Mr.  Koch,  who  has  not  been  present  in  the 
Convention. 

Mr.  Cochran  asked  that  page  314  of  the  Journal  of  June 
twenty-eighth  be  so  changed  that  he  would  appear  as  having 
asked  and  been  excused  from  voting  on  the  report  of  the  Com- 
mittee on  Privileges  and  Elections  in  the  case  of  Messrs.  Put- 
nam and  Sullivan  v.  Messrs.  Trapper  and  Beckwith. 

Mr.  Moore  called  up  the  resolution  previously  offered  by  him 
in  words  following  : 

Kesolved,  That  after  July  fifteenth,  this  Convention  meet  Mon- 
days and  Saturdays,  in  addition  to  the  days  of  the  week  it  now 
meets  under  the  rule. 

Mr.  Moore  moved  that  said  resolution  be  made  a  special  order 
for  next  Wednesday  morning,  immediately  after  the  reading  of 
the  Journal,  and  it  was  determined  in  the  negative,  two-thirds 
of  all  the  delegates  elected  to  the  Convention  not  voting  in  favor 
thereof. 

Mr.  Alvord  moved  the  previous  question,  and  it  was  determined 
in  the  affirmative. 

Mr.  Foote  called  for  a  division  of  the  question. 

Mr.  President  put  the  question  as  to  whether  the  Convention 
would  meet  on  Mondays,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  as  to  whether  the  Convention 
would  meet  on  Saturdays,  and  it  was  determined  in  the  negative. 


CONSTITUTIONAL  CONVENTION.  305 

Mr.  Towns  offered  a  resolution  in  words  following  : 

Whereas,  The  Attorney  General  of  the  United  States  has 
directed  one  of  the  District  Attorneys  to  convene  an  extra- 
ordinary United  States  Grand  Jury  for  the  purpose  of  indicting 
one  Eugene  Debs,  a  citizen  of  the  United  States,  against  whom  no 
crime  was  charged  or  specified. 

Whereas,  The  paid  soldiers  of  the  nation  have  been  sent  to 
Chicago  to  coerce  the  people  and  shed  the  blood  of  citizens 
while  trusts  and  monopolies  are  endowed  with  bounties  wrung 
from  the  poor. 

Kesolved,  That  we,  the  representatives  of  the  people  of  the 
State  of  New  York,  in  Constitutional  Convention  assembled, 
view  with  alarm  the  extraordinary  and  arbitrary  action  of  the 
national  government,  and  condemn  it  as  fraught  with  peril  to  the 
peace  and  happiness  of  the  Eepublic,  subversive  of  the  rights, 
privileges  and  liberties  of  the  citizens;  and  the  exercise  of 
national  powers,  not  authorized  or  implied  by  the  Constitution 
of  the  United  States  or  the  laws  thereof. 

Mr.  Dean  moved  the  previous  question,  and  it  was  determined 
in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  the  resolu- 
tion, and  it  was  determined  in  the  negative. 

Mr.  President  presented  a  communication  from  the  Compiler, 
in  words  following  : 

To  the  Constitutional  Convention  : 

Gentlemen. —  In  compliance  with  the  resolution  adopted  by 
your  honorable  body  July  fifth,  I  would  respectfully  report  that 
Document  No.  9  was  printed  from  copy  isupplied  by  the  Secretary; 
Document  No.  15  was  printed  in  accordance  with  a  resolution  of 
your  honorable  body,  adopted  May  twenty-ninth.  Documents 
Nos.  18,  19,  20  and  23  were  not  ordered  by  me,  and  I  have  given 
no  receipt  for  the  same  to  the  contractors.  Documents  Noa  18, 
19,  20,  and  23  are  from  the  volume  of  statistics  in  preparation  for 
the  Convention. 

I  have  given  my  receipt  for  no  documents  or  printing  of  any 
kind  for  this  Convention,  not  ordered  in  the  regular  manner, 
except  for  Document  No.  3,  ordered  by  Mr.  Root,  of  the  Com- 
mittee on  Eules,  Document  No.  5,  ordered  by  the  sub-committee 
20 


306  JOURNAL  OF  THE 

of  the  Judiciary  Committee,  and  Document  No.  8,  ordered  by 
Mr.  Hamlin,  of  the  Printing  Committee.  The  orders  for  these 
documents  were  given  to  the  contractors  by  the  gentlemen 
named. 

Kespectfully  yours, 

GEORGE  A.  GLYNN, 

Compiler. 
Albany,  July  6,  1894. 

285. —  Mr.  Tucker  presented  a  proposed  amendment  to  article 
13  of  the  Constitution,  in  order  to  insure  the  meeting  of  future 
Constitutional  Conventions  when  the  same  are  demanded  by 
popular  vote. 

Referred  to  the  Committee  on  Constitutional  Amendments. 

286.—  By  Mr.  McDonough  : 

A  proposed  amendment  to  article  3,  section  15  of  the  Consti- 
tution, relating  to  the  passage  of  laws. 

Referred  to  the  Committee  on  Powers  and  Duties  of  the 
Legislature. 

Mr.  Root,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  resolution  introduced  by  Mr.  McLaughlin,  reported 
in  favor  of  the  passage  of  the  same,  without  amendment,  in 
words  following  : 

Resolved,  That  the  clerk  of  the  Court  of  Appeals  be  requested 
to  furnish  to  this  Convention  on  or  before  July  ninth,  the  state- 
ment as  to  the  time  when  the  present  Calendar  of  the  Court  of 
Appeals  was  made  up,  the  number  of  causes  then  placed  thereon, 
the  number  of  cases  since  .added  thereto,  the  causes  since  argued 
and  disposed  of,  and  the  number  of  causes  now  remaining  on  said 
calendar  undisposed  of;  that  said  clerk  also  furnish  a  statement 
of  the  number  of  appeals  taken  to  and  filed  in  said  court  since 
said  calendar  was  made  up  and  not  on  said  calendar. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  the  follow- 
ing new  rules  as  recommended  by  the  committee. 

Rule  73. — After  the  fifteenth  day  of  July,  no  further  proposi- 
tions for  constitutional  amendment  ishall  be  printed  or  referred 
as  of  course  under  Rule  32,  but  all  such  propositions  shall  be 


CONSTITUTIONAL  CONVENTION.  307 

referred  without  printing,  to  a  select  committee  of  fire,  to  be 
appointed  by  the  President,  for  examination  and  comparison 
with  proposed  constitutional  amendments  already  introduced 
and  referred. 

If  any  such  proposition  shall  be  found  to  relate  to  a  subject 
already  under  consideration  by  a  standing  committee,  the  select 
committee  shall  transmit  the  same  without  printing,  directly  to 
such  standing  committee  for  its  information.  Upon  all  other 
propositions  so  referred  to  such  select  committee  it  shall  report 
whether  in  its  opinion  the  same  ought  to  be  printed,  and  referred 
under  Rule  32.  On  the  first  day  of  August  the  call  for  proposed 
constitutional  amendments,  by  districts,  under  Rule  3,  shall  be 
discontinued,  and  thereafter  no  proposed  constitutional  amend- 
ment shall  be  introduced,  except  on  the  report  of  a  standing 
or  select  committee. 

Eule  74. — After  the  15th  day  of  July,  1894,  no  member 
of  this  Convention  shall  receive  pay  for  any  day  upon  which  the 
Convention  is  in  session  and  he  is  absent  without  leave.  After 
the  same  date  no  member  shall  receive  pay  for  any  day  of  any 
calendar  week,  during  which  he  is  absent  without  leave  from  all 
the  sessions  of  the  Convention. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  73,  as 
reported  by  the  Committee  on  Rules,  and  it  was  determined  in 
the  affirmative. 

The  question  then  being  on  the  adoption  of  Rule  74,  as 
reported.  '.  <  ;•  !  |  !  I 

Mr.  Riggs  moved  to  recommit  Rule  74,  to  the  Committee  on 
Rules,  with  instructions  to  provide  a  manner  for  obtaining  infor- 
mation as  to  who  are  present. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  Rule  74,  and 
it  was  determined  in  the  affirmative. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  to  the  proposed  constitutional  amendment  introduced  by 
Mr.  Hill,  introductory  No.  183,  printed  3$b.  184,  entitled  "  Pro- 
posed constitutional  amendment  to  amend  section  5  of  article  2 
of  the  Constitution,  relating  to  the  manner  of  elections,"  reported 
in  favor  of  the  passage  of  the  same,  with  some  amendments,  which 


308  JOURNAL  OF  THE 

report  was  agreed  to  and  said  amendment  committed  to  the  Com- 
mittee of  the  Whole. 

Mr.  Becker,  from  the  Committee  on  Legislative  Organization, 
to  which  was  referred  the  resolution  introduced  by  Mr.  Becker, 
reported  in  favor  of  the  passage  of  the  same,  with  some  amend- 
ments, to  read  as  follows  : 

Resolved,  That  the  State  Engineer  be  requested  to  furnish  the 
Committee  on  Legislative  Organization,  two  maps  of  the  State, 
one  showing  the  Senate  and  one  showing  the  Assembly  districts, 
and  the  population  of  each  district,  classified  as  citizens  and 
aliens  by  the  counties  and  districts,  and  the  vote  cast  at  the  last 
general  election  for  Senators  and  Members  of  Assembly. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Leave  of  absence  was  granted  to  Mr.  E.  A.  Brown  and  Mr. 
Gookinham  for  to-day,  and  to  Mr.  Ackerly  for  Tuesday  and  on 
Wednesday  next,  until  11.30  A.  M. 

On  motion  of  Mr.  Foote,  at  10.50,  the  Convention  adjourned. 


Tuesday,  July  10,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  Charles  W.  Hardendorf. 
The  Journal  of  Friday,  July  sixth,  was  read  and  approved. 
Mr.  President  announced  the  following  as  the   Select  Com- 
mittee of  five,  under  Rule  73. 

E.  R.  Brown,  McKinstry,  Church,  Bowers,  T.  W.  Fitzgerald. 

Mr.  President  announced  appointments  as  follows  : 
Mr.  Putnam  in  place  of  Mr.  Trapper,  on  the  Committee  on 
Industrials. 

Mr.  T.  A.  Sullivan  in  place  of  Mr.  Trapper,  on  the  Committee 
on  Governor  and  State  Officers,  and  on  the  Committee  on  Print- 
ing, in  place  of  Mr.  Beckwith. 

Mr.  President  presented  memorials  and  petitions  in  favor  of 
civil  service. 
Referred  to  the  Committee  on  Civil  Service. 


CONSTITUTIONAL  CONVENTION.  309 

Also,  a  communication  from  the  president  of  the  "  Sheltering! 
Arms  "  and  the  "  Childrens'  Fold,"  relative  to  sectarian  appropri- 
ations. 

Referred  to  the  Committee  on  Charities. 

Mr.  McMillan,  by  request,  presented  petitions  in  favor  of  civil 
service. 
Referred  to  the  Committee  on  Civil  Service. 

Mr.  Hamlin  presented  the  protest  of  citizens  against  female 
suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Countryman  presented  petitions  asking  State  inspection 
of  certain  religious  institutions. 
Referred  to  the  Committee  on  Charities. 

Mr.  Goodelle  presented,  by  request,  petitions  in  favor  of  female 
suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Also,  by  request,  a  protest  against  female  suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  A.  B.  Steele  presented  petitions  against  sectarian  appro- 
priations. 

Referred  to  the  Committee  on  Charities. 

Mr.  Morton  presented  petitions  in  favor  of  female  suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  O'Brien  presented  petitions  in  favor  of  female  suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Vedder  presented  petitions  in  favor  of  female  suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Mr.   Hedges   presented   a   petition   against   sectarian   appro- 
priations. 
Referred  to  the  Committee  on  Charities. 

By  unanimous  consent,  Mr.  Dean  offered  a  resolution  in  words 
following : 

Whereas,  Anarchy  has  raised  its  hateful  head  in  this  Republic, 
menacing  the  peace  and  good  order  of  the  common  country,  and 


JOURNAL  OF  THE 

Whereas,  "We,  the  people  of  the  United  States,  in  order  to 
form  a  more  perfect  union,  establish,  justice,  insure  domestic 
tranquility,  provide  for  the  common  defense,  promote  the  general 
welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity,  do  ordain  and  establish  this  Constitution  for  the 
United  States  of  America/'  and 

Whereas,  The  members  of  this  Convention  have  taken  an  oath 
to  support  the  Constitution  of  the  United  States,  of  which  the 
above  is  the  preamble,  and  which  provides  that  "this  consti- 
tution, and  the  laws  of  the  United  States  which  shall  be  made 
in  pursuance  thereof,  and  all  treaties  made,  or  which  shall  be 
made,  under  the  authority  of  the  United  States,  shall  be  the 
supreme  law  of  the  land,"  and 

Whereas,  The  President  of  the  United  States,  as  commander- 
in-chief  of  the  military  and  naval  forces  of  the  nation,  to 
"  insure  domestic  tranquility,  provide  for  the  common  defense, 
promote  the  general  welfare,"  has  felt  that  it  was  his  duty  to 
call  upon  the  army  to  support  the  orders  of  the  courts  and  to 
protect  the  transit  of  the  mails  and  of  interstate  commerce,  and 

Whereas,  It  is  not  pretended  that  the  President  in  this  action 
has  violated  any  of  the  laws  of  the  United  States,  and 

Whereas,  The  House  of  Representatives,  which  is  endowed  with 
the  exclusive  right  of  impeachment,  and  which  is  now  in  session, 
has  not  felt  called  upon  to  take  any  action  in  the  premises;  there- 
fore, be  it 

Eesolved,  That  this  Convention,  without  passing  in  any  manner 
upon  the  merits  of  the  quarrel  between  the  railroad  companies 
and  their  employes;  recognizing  only  that  the  laws  of  the  United 
States  are  being  defiled  by  a  lawless  mob,  that  the  processes  of 
its  courts  are  being  held  in  contempt,  thus  laying  the  foundations 
of  anarchy  and  bloodshed,  approve  of  the  action  of  the  President 
of  the  United  States,  and  be  it  further 

Resolved,  That  it  is  the  duty  of  the  State  of  New  York,  not 
alone  its  elevated  and  patriotic  public  sentiment,  but  by  force* 
of  arms  if  necessary,  to  sustain  the  President  in  protecting  the 
property  of  the  United  States  intrusted  to  his  care,  and  in 
enabling  the  courts  to  discharge  their  duties  by  the  people  of 
the  United  States;  and  be  it  further 

Resolved,  That  we  pledge  the  support  of  the  people  of  the 
State  of  New  York  to  a  patriotic  discharge  of  this  duty. 


CONSTITUTIONAL  CONVENTION.  311 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 
Mr.  Bigelow  offered  a  resolution  in  words  following  : 
Resolved,  That  the  Judiciary  Committee  be  instructed  to  ascer- 
tain and  report  the  latest  day  to  which  the  deliberations  of  this 
Convention  can  be  prolonged  consistently  with  the  submission 
of    its    results   to  the  people  at   the  next  general    election,  as 
required  by  law. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Forbes  offered  a  resolution  in  words  following  : 
Kesolved,  That  the  Committee  on  Revision  and  Engrossing  be 
requested  to  compare  the  amendments  of  phraseology  of  the 
present  Constitution  proposed  by  the  Convention  of  1867  and 
report  at  the  earliest  session  practicable,  on  the  advisability  of 
adopting  such  phraseology. 

Mr.  Mereness  moved  that  said  resolution  be  referred  to  the 
Committee  on  Kevision  and  Engrossing,  and  it  was  determined 
in  the  affirmative. 

Mr.  Roche  offered  a  resolution  in  words  following  : 

Kesolved,  That  the  Comptroller  be,  and  is,  hereby  requested  to 
transmit  to  this  Convention  a  statement  of  what  lands  other 
than  the  forest  preserves,  the  canals,  the  salt  springs  and  the 
lands  upon  which  public  buildings  are  erected,  are  owned  by 
the  State  of  New  York,  the  estimated  value  of  said  property, 
what  income  is  derived  from  the  same  and  where  situated,  and 
what  provision,  if  any,  in  his  opinion,  should  be  made  for  dis- 
posing of  such  property. 

Referred  to  the  Committee  on  State  Finances. 

Mr.  Roche  also  offered  a  resolution  in  words  following  : 

Resolved,  That  the  Committee  on  County,  Town  and  Village 
Officers  are  requested  to  draft  and  present  for  the  consideration 
of  this  Convention,  an  amendment  to  section  1  of  article  10  of 
the  Constitution,  so  as  to  provide  that  all  county  officers  therein 
named  shall  receive  a  stated  compensation  to  be  fixed  by  law, 
and  that  all  fees  which  shall  be  paid  to  such  officers  shall  be 
turned  over  to  the  county  treasury. 


312  JOURNAL  OF  THE 

Mr.  McDonough  moved  to  amend  by  inserting  after  the  words 
"Committee  on  County,  Town  and  Village  Officers,"  the  follow- 
ing, "if  in  their  judgment  they  shall  deem  it  necessary." 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  Kerwin  offered  a  resolution  in  words  following  : 

Resolved,  That  the  stenographer  of  the  Convention  furnish  to 
the  Convention  printer  a  copy  of  the  proceedings  daily. 

Mr.  Cassidy  moved  that  said  resolution  be  referred  to  the 
Committee  on  Contingent  expenses,  with  instructions  to  report 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Dickey  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  resolution  of  Mr.  Ker- 
win,  and  it  was  determined  in  the  affirmative. 

Mr.  A.  B.  Steele  moved  to  take  from  the  table  the  motion  to 
reconsider  the  vote  by  which  the  report  of  the  Committee  on 
Printing  in  words  following  : 

"  As  to  the  distribution  of  the  report  of  the  proceedings  of  the 
Convention  among  the  newspapers  of  this  State,  your  com- 
mittee offer  the  following  preamble  and  resolution;  for  the  con- 
sideration of  the  Convention  and  recommend  its  adoption  : 

Whereas,  It  is  deemed  due  to  the  people  of  this  State  that 
full  reports  of  the  proceedings  of  this  Convention  be  published  in 
current  form,  your  Committee  on  Printing  submits  the  following 
resolution  and  recommends  its  favorable  consideration  by  the 
Convention^  j 

Resolved,  That  the  Compiler  be  directed  to  enter  into  a  con- 
tract, if  possible,  with  the  Journal  Company  and  The  Argus  Com- 
pany, respectively,  of  the  city  of  Albany,  on  the  following  condi- 
tions namely,  to  print  the  entire  proceedings  and  debates  of  this 
Convention,  including  record  of  votes  by  division  and  roll  call, 
from  this  date  until  the  close  of  the  Convention  for  a  sum  not 
exceeding  f  7,500  in  each  newspaper,  provided  said  publishers  will 
agree  to  mail  one  copy  of  their  daily  issue  to  the  office  of  each 
newspaper  and  periodical  in  the  State  of  New  York,  excepting 
monthly  and  trade  publications,  and  to  provide  each  member  of 


CONSTITUTIONAL  CONVENTION.  313 

this  Convention  with  two  copies  of  the  newspapers  containing 
the  proceedings  of  this  Convention ;  and,  also,  provided,  that  said 
publishers  waive  all  further  claims  against  the  State  under  their 
contracts  with  the  Compiler,  dated  April  5,  1894. 

Said  papers  to  publish  complete  each  day  the  Convention  pro- 
ceedings of  the  day  before,  unless  an  afternoon  or  evening  session 
is  held,  then  such  afternoon  or  evening  proceedings  to  be  pub- 
lished not  later  than  the  second  succeeding  day. 

Kesolved,  That  before  the  said  contract  is  signed,  it  be  first 
submitted  to  the  Committee  on  Printing  and  receive  the  approval 
as  to  details. 

Eesolved,  That  in  the  opinion  of  the  committee,  the  aforesaid 
contract  will  give  all  needful  immediate  publicity  to  the  proceed- 
ings of  the  Convention,  and  no  other  regular  distribution  of 
reports  or  documents  will  be  required  during  the  session  of  the 
Convention.,"  was  carried. 

Mr.  Presideint  put  the  question  on  the  motion  of  Mr.  A.  B. 
Steele  to  take  from  the  table,  and  it  was  determined  in  the 
affirmative. 

Mr.  President  put  the  question  on  the  motion  to  reconsider, 
and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Abbott,  Baker,  Barhite,  Barnum,  Blake,  Burr, 
Cady,  Carter,  Cassidy,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Cole- 
man,  Countryman,  Crosby,  Davies,  J.  C.;  Doty,  Faber,  Fields, 
Frank,  Andrew;  Fraser,  Gibney,  Gilleran,  Hamlin,  Hecker, 
Hedges,  Hill,  Hoi  comb,  Hottenroth,  Johnson,  I.  Sam;  Kellogg, 
Lauterbach,  Lincoln,  Lyon,  Mantanye,  Marks,  McClure, 
McDonough,  McLaughlin,  C.  B.;  Mereness,  Meyenborg,  Moore, 
Nichols,  W.  H.;  Parker,  Peck,  Pool,  Powell,  Pratt,  Biggs,  Steele, 
A.  B.;  Steele,  W.  H.;  Truax,  C.  S.;  Tucker,  Turner,  VanDen- 
bergh,  Veeder,  Vogt,  Williams  —  59. 

Noes  —  Messrs.  Acker,  Allaben,  Alvord,  Arnold,  Banks,  Barraw, 
Bigelow,  Bowers,  Brown,  E.  R;  Campbell,  Chipp,  Jr.;  Oochran, 
Cookinham,  Corn  well,  Curran,  Danforth,  Davenport,  Davis,  G.  A.; 
Dean,  Deyo,  Dickey,  Durfee,  Durnin,  Floyd,  Foote,  Forbes,  Fran- 
cis, Fuller,  C.  A.;  Fuller,  O.  A.;  Goodelle,  Green,  A.  H.;  Green, 
J.  I.;  Griswold,  Hawley,  Herzberg,  A.;  Hirschberg,  M.  H.;  Holla, 
Kerwin,  Kimmey,  Lewis,  C.  H.;  Manley,  Maybee,  McArthur, 
McCurdy,  Mclntyre,  McMillan,  Morton,  Mullen,  O'Brien,  Ohmeis, 
Osborn,  Parmenter,  Phipps,  Platzek,  Porter,  Putnam,  Eedman, 


314  JOURNAL  OF  THE 

Roche,  Roderick,  Rogers,  Root,  Rowley,  Sandford,  Springweiler, 
Storm,  Sullivan,  T.  A.;  Sullivan,  W.;  Tibbetts,  Titus,  Truax,  C.  H.; 
Wellington,  Whitmyer,  Wiggins,  Woodward,  President  —  75. 

Mr.  Goodelle  offered  a  resolution  in  words  following : 
Resolved,  That  constitutional  amendment,  introductory  No.  183, 
printed  No.  184-289,  entitled  "Proposed  constitutional  amend- 
ment, to  amend  section  5  of  article  2  of  the  Constitution,  relat- 
ing to  the  manner  of  elections,"  be  recommitted  to  the  Committee 
on  Suffrage,  retaining  its  place  on  General  Orders. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

•  Mr.  Hawley  offered  a  resolution  in  words  following. 

Resolved,  That  it  is  advisable  that  the  general  subdivisions  of 
the  Constitution  into  articles  be  preserved;  but  that  the  section* 
of  the  Constitution  should  be  numbered  consecutively  from  the 

beginning  to  the  end  thereof. 

Besolved,  That  the  foregoing  resolution  be  referred  to  the  Com- 
mittee on  Revision  and  Engrossment,  with  instructions  to  report 
thereon  when  directed  by  the  Convention,  or  at  such  time  as  said 
committee  shall  deem  to  be  expedient 

Mr.  President  put  the  question  on  the  passage  of  the  last  reso- 
lution, and  it  was  determined  in  the  affirmative. 

Mr.  T.  S.  JoKnson  offered  a  resolution  in  words  following  : 
Resolved,  That  hereafter  the  Convention  may  dispense  with  the 
reading  of  the  Journal,  and  that  amendments  thereto  may  be  made 
on  the  legislative  day  following  that  on  which  the  printed  Journal 
is  placed  on  the  desksi  of  the  members. 
Referred  to  the  Committee  on  Rules. 

Mr.  Doty  offered  a  resolution  in  words  following  : 
Resolved,  If  it  be  not  already  furnished,  that  the  Secretary  is 
hereby  directed  to  obtain  from  the  proper    county   officer   the 
amount  of  the  existing  indebtedness  of  all  the  counties  of  the 
State,  and  also  obtain  thfc  amount  of  the  existing  indebtedness 
of  each  incorporated  village  in  the  State  and  the  amount  of  the 
assessed  valuation  of  the  real  estate  of  such  village  as  the  same 
appears  on  the  last  assessment-roll  of  such  village. 
The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 


CONSTITUTIONAL  CONVENTION.  315 

Mr.  Dean  offered  a  resolution  in  words  following  : 

Whereas,  Section  6  of  article  7  of  the  Constitution  provides 
that  "the  Legislature  shall  not  sell,  lease  or  otherwise  dispose 
of  the  Erie  canal,  the  Oswego  caanl,  the  Champlain  canal,  the 
Cayuga  and  Seneca  canal,  or  the  Black  River  canal,  but  they 
shall  remain  the  property  of  the  State  and  under  its  manage- 
ment forever,"  and 

Whereas,  Section  9  of  the  same  article  provides  that  "the 
credit  of  the  State  shall  not,  in  any  manner,  be  given  or  loaned 
to,  or  in  aid  of,  any  individual,  association  or  corporation,"  and 

Whereas,  section  10  of  article  8  provides  that  "neither  the 
credit  nor  the  money  of  the  State  shall  be  given  or  loaned  to  or 
in  aid  of  any  association,  corporation  or  private  undertaking," 
and 

Whereas,  The  Legislature  of  1893,  acting  within  the  limitations 
thus  fixed  by  the  Constitution,  enacted  chapter  499,  in  which  it 
is  provided  that  "the  Superinterdent  of  Public  Works  may, 
from  time  to  time,  authorize  any  person  or  corporation  to  con- 
tract, maintain  or  operate  electrical  conductors  for  light,  heat 
or  po.wer,  upon  or  along  any  canals  of  the  State  or  any  portion 
thereof,  upon  such  terms  or  conditions  not  inconsistent  with  the 
public  use  of  such  canals  as  he  may  impose;  and  in  like  manner 
he  may  contract  for  or  permit  the  use  of  such  light,  heat  or 
power  upon  any  such  canal;  provided  that  he  shall  thereby 
create  no  charge  against  the  State,  except  as  against  appropria- 
tions lawfully  applicable  to  such  purpose,"  and 

Whereas,  The  Superintendent  of  Public  Works,  acting 
under  the  provisions  of  this  statute,  has  entered  into 
a  pretended  contract  with  the  Cataract  General  Electric 
Company,  under  the  provisions  of  which  the  said 
Cataract  General  Electric  Company  is  given  a  monopoly 
of  the  means  of  economical  transit  of  the  canals  for  a  period  of 
fifty  years,  thus  violating  the  provision  that  they  shall  "  remain 
the  property  of  the  State  and  under  its  management  forever," 
as  well  as  the  provisions  forbidding  the  State  to  lend  its  money 
or  credit  to  or  in  aid  of  any  individual,  association  or  corpora- 
tion," and 

Whereas,  The 'said  Superintendent  of  Public  Works  has  assumed 
to  go  outside  of  the  domain  of  the  canal  lands  of  the  State,  and 


316  JOURNAL  OF  THE 

to  pretend  to  grant  rights  to  the  said  Cataract  General  Electric 
Company  to  distribute  light,  heat  or  power  to  any  part  of  the 
State,  and 

Whereas,  He  has  sought,  in  the  fourth  article  of  the  pretended 
contract,  to  waive  the  power  of  eminent  domain,  an  inherent 
right  of  the  State,  and 

Whereas,. The  said  fourth  article  of  the  pretended  contract 
being  the  elective  obligation  of  the  said  pretended  contract,  and 
this  being  void  because  in  conflict  with  the  Constitution  of  the 
State,  it  does  not  come  within  the  protection  of  the  federal  Con- 
stitution inhibiting  the  power  of  the  State  to  pass  any  "law 
violating  the  obligation  of  contracts,"  and 

Whereas,  This  pretended  contract  is  counter  to  the  established 
canal  policy  of  the  State,  and  seeks  to  give  to  a  private  corpora- 
tion, without  any  adequate  consideration,  rights  and  privileges 
worth  millions  of  dollars,  thus  working  a  great  wrong  upon  the 
people  of  this  State;  therefore,  be  it 

Resolved,  That  this  Convention,  directly  representing  the 
people  of  the  State  of  New  York,  and  charged  with  the  high 
duty  of  asserting  the  policy  of  the  State,  call  upon  the  Attorney- 
General  to  bring  an  action  against  the  Cataract  General  Electric 
Company,  or  take  such  other  steps  as  may  be  necessary,  for  the 
purpose  of  annulling  the  so-called  contract,  and  restoring  to  the 
people  all  the  rights  and  privileges  which  they  have  by  right  in 
the  canals  of  this  State;  and  be  it  further 

Resolved,  That  the  Secretary  of  this  Convention  serve  a  certi- 
fied copy  of  these  resolutions  upon  the  Attorney-General  of  the 
State,  and  upon  the  Cataract  General  Electric  Company,  to  the 
end  that  it  may  have  notice  of  the  intended  action,  and  that  it 
may  make  no  investments  in  good  faith  intended  to  give  it  any 
vested  rights  in  the  premises. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  President  presented  a  communication  from  the  clerk  of  the 
Court  of  Appeals  in  words  following  : 


CONSTITUTIONAL  CONVENTION.  317 

COURT  OF  APPEALS,  CLERK'S  OFFICE^  ) 
ALBANY,  July  6,  1894.  '  f 

Hon.  Charles  E.  Fitch,  Secretary  of  the  Constitutional  Conven- 
tion of  the  State  of  New  York: 

Sir.— In  response  to  your  communication  of  this  date,  I  would 
state  that 

1.  The  present  calendar  of  the  Court  of  Appeals  was  made  up 
October   2,   1893. 

2.  The  number  of  causes  then  placed  thereon  was  698. 

3.  The  number  of  causes  since  added  thereto  is  142. 

4.  The  number  of  causes  since  argued  and  disposed  of  is  656. 

5.  The  number  of  causes  now  remaining  on  the  present  cal- 
endar undisposed  of  is  184. 

6.  The  number  of  appeals  taken  to  and  filed  in  the  Court  of 
Appeals  since  said  calendar  was  made  up  and  not  on  said  cal- 
endar, is  386. 

Very   respectfully, 

GOKHAM    PARKS, 
Clerk  of  the  Court  of  Appeals. 
Referred  to  the  Committee  on  Judiciary. 

Mr.  Boot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  resolution  introduced  by  Mr.  Van  Denbergh,  calling 
upon  the  Secretary  of  State  for  certain  information  respecting  the 
Court  of  Appeals  and  the  Supreme  Court,  reported  in  favor  of 
the  passage  of  the  same  without  amendment,  in  words  following  : 

Resolved,  That  the  Secretary  of  State  do  furnish  to  the  Conven- 
tion the  names  of  the  judges  of  the  Court  of  Appeals  and  the 
names  of  the  justices  of  the  Supreme  Court  of  the  State  of  New 
York,  whose  terms  of  office  commenced  on  and  since  January  1, 
1880,  with  the  ages  of  each  at  the  time  of  the  commencement  of 
their  said  terms,  and  when  the  official  term  of  each  commenced, 
when  the  official  term  of  each  terminated  or  will  terminate,  either 
by  the  completion  of  a  full  term  or  by  reason  of  the  disability  of 
age  prescribed  in  the  Constitution. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Boot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  resolution  introduced  by  Mr.  Van  Denberg,  calling 
upon  the  Comptroller  for  information  concerning  the  judges  of 


318  JOURNAL  OF  THE 

the  Court  of  Appeals,  etc.,  reported  adversely  thereto,  which  report 
was  agreed  to.  ( 

Mr.  Holls,  from  the  Committee  on  Education,  to  which  was 
referred  the  resolution  introduced  by  Mr.  Holls,  entitled  "A  reso- 
lution asking  that  the  reports  of  the  various  county  treasurers 
be  compiled,"  reported  in  favor  of  the  passage  of  the  resolution, 
amended  to  read  as  follows: 

Resolved,  That  the  Secretary  of  the  Convention  be  and  he 
hereby  is  directed  to  tabulate  and  compile  and  to  have  imme- 
diately printed,  the  reports  from  the  treasurers  of  the  various 
counties  of  the  State  and  the  chief  fiscal  officer  of  every  city,  in 
answer  to  the  communication  sent  them  May  twenty-third,  asking 
for  a  detailed  statement  of  all  moneys  paid  by  them  during  the  last 
three  years  to  institutions,  whether  under  sectarian  control  or 
not,  giving  the  name  of  the  institution  and  the  religious  denom- 
ination or  denominations  in  control. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Holls,  from  the  Committee  on  Education,  reported  in  favor 
of  the  passage  of  the  following  resolution  and  recommended  its 
adoption : 

Resolved,  That  the  Secretary  of  this  Convention  communicate 
with  the  boards  of  education  of  the  various  cities  of  the  State, 
and  with  the  normal  schools  of  the  State,  inquiring  if  they  have 
any  suggestions  as  to  a  possible  change  in  the  organization  of 
the  educational  bureaus  of  the  State,  respecting  either  the  Board 
of  Regents  or  the  Superintendent  of  Public  Instruction.  That 
replies  be  requested  on  or  before  July  twentieth,  inst. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  A.  H.  Green,  from  the  Special  Committee  on  Transfer 
of  Land  Titles,  presented  a  report  in  words  following: 

To  the  Constitutional  Convention : 

The  special  committee  on  improving  the  methods  and  lessen- 
ing the  cost  of  transferring  land  and  interest  therein,  respectfully 
report: 

Tha.t  after  careful  consideration  of  the  subject  referred  to 
them,  they  are  impressed  by  its  importance,  and  can  but  con- 


CONSTITUTIONAL  CONVENTION.  319 

elude  that  very  great  advantage,  and  benefits  of  no  ordinary 
extent,  will  result  to  the  whole  people  by  the  adoption  of  judi- 
cious methods  of  lessening  the  expense  of  the  transfer  of  land, 
and  by  the  establishment  of  a  system  of  recording  and  indexing 
instruments  relating  thereto  that  shall  be  uniform  throughout 
the  State.  I 

The  committee,  therefore,  recommend  that  the  following 
clauses  be  inserted  in  the  Constitution : 

All  laws  relating  to  the  transfer  of  titles  to,  or  interest  in, 
land  in  this  State,  by  conveyance,  devise  or  descent,  or  the  record- 
ing or  indexing  of  instruments  providing  for  such  transfers,  shall 
hereafter  be  general  laws  applicable  to  the  entire  State. 

The  Governor  is  directed,  at  the  first  session  of  the  Legislature 
after  the  adoption  of  this  Constitution,  to  appoint,  with  the 
advice  and  consent  of  the  Senate,  five  persons,  residents  of  the 
State,  who  are  counselors-at-law  and  have  been  admitted  to 
practice  for  not  less  than  ten  years,  who  shall  be  known  as  the 
Board  of  Commissioners  of  Land  Records  of  the  State  of  New 
York,  whose  duty  it  shall  be,  among  other  things,  to  be  prescribed 
by  the  Legislature  in  connection  therewith,  to  consider  and  from 
time  to  time  report  to  the  Legislature,  such  bills,  as  in  their  opin- 
ion, should  be  passed  by  the  Legislature  to  reform,  simplify  and 
cheapen  the  transferring  and  dealing  with  the  titles  to  and 
interest  in  land  in  this  State. 

Any  vacancy  in  said  board  shall  be  filled  in  like  manner  as 
the  original  appointments. 

Said  commissioners  shall  serve  without  compensation,  and  shall 
be  allowed  for  their  reasonable  expenses  and  clerk  hire,  such  sums 
as  shall  be  audited  and  approved  by  the  State  Comptroller. 

Dated  July  5,  1894. 

ANDREW  H.  GREEN, 

Chairman. 
Referred  to  the  Committee  of  the  Whole. 

287. — Mr.  Bigelow  presented  a  proposed  amendment  to  article 
2,  section  4  of  the  Constitution,  relative  to  the  registration  of 
voters. 

Referred  to  the  Committee  on  Suffrage. 

288. — Also  (by  request),  a  proposed  amendment  to  the  Consti- 
tution to  secure  proportional  representation. 


320  JOURNAL  OF  THE 

Referred  to  the  Committee  on  Suffrage;  also,  to  the  Committee 
on  Legislature,  its  Organization,  Powers  and  Duties. 

289. — Also,  a  proposed  amendment  to  article  13,  section  2   of 
the  Constitution,  relative  to  future  revisions  of  the  Constitution. 
Referred  to  the  Committee  on  Constitutional  Revision. 

290. — Also,  a  proposed  amendment  to  the  Constitution  abolish- 
ing the  office  of  Superintendent  of  Insurance. 

Referred  to  the  Committee  on  Governor  and  Other  State 
Officers. 

291. — Also,  a  proposed  amendment  to  the  Constitution  abolish- 
ing the  office  of  Superintendent  of  the  Department  of  Banking. 

Referred  to  the  Committee  on  Governor  and  Other  State 
Officers.  i 

292. — Also,  a  proposed  amendment  to  article  5,  section  3  of 
the  Constitution,  abolishing  the  office  of  State  Engineer  and 
Surveyor.  i 

Referred  to  the  Committee  on  Governor  and  Other  State 
Officers.  7 

293.- -By  Mr.  Tucker: 

A  proposed  amendment  to  article  G  of  the  Constitution,  to 
create  a  Court  of  Arbitration,  to  arbitrate  differences  between 
employers  and  employes. 

Referred  to  the  Committee  on  Industrial  Interests. 

294.— By  Mr.  Forbes:        j 

A  proposed  amendment  to  article  8,  sections  10  and  11  of  the 
Constitution,  relative  to  loaning  the  credit  of  the  Stata. 

Referred  to  the  Committee  on  Corporations;  also,  Committee 
on  Charities. 

295.— By  Mr.  Speer. 

A  proposed  amendment  to  article  3  of  the  Constitution,  rela- 
tive to  home  rule  for  cities. 

Referred  to  the  Committee  on  Cities. 

296.— By  Mr.  C.  B.  McLaughlin: 

A  proposed  amendment  to  article  6  of  the  Constitution,  rela- 
tive to  the  Judiciary. 
Referred  to  the  Committee  on  Judiciary. 


CONSTITUTIONAL  CONVENTION.  321 

297.—  By  Mr.  Tibbetts: 

A  proposed  amendment  to  article  2,  section  1  of  the  Constitu- 
tion, relating  to  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

298.— By  Mr.  O.  A.  Fuller: 

A  proposed  amendment  to  article  8,  section  1  of  the  Constitu- 
tion, relative  to  corporations. 

Referred  to  the  Committee  on  Corporations. 

On  motion  of  Mr.  Vedder,  the  Convention  proceeded  in  Com- 
mittee of  the  Whole,  to  the  consideration  of  the  proposed  consti- 
tutional amendment,  Int.  No.  73,  No.  173,  entitled  "  Proposed 
constitutional  amendment  to  amend  section  15  of  article  3  of  the 
Constitution,  in  relation  to  the  passage  of  bills,"  and,  after  some 
time  spent  therein,  Mr.  Alvord,  from  said  committee,  reported 
that: 

The  Committee  of  the  Whole  having  had  under  consideration 
the  proposed  constitutional  amendment  No.  173,  Int.  No.  73, 
entitled  "Proposed  constitutional  amendment  to  amend  section 
15  of  article  3  of  the  Constitution,  in  relation  to  the  passage  of 
bills,"  reported  progress  in  the  same,  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Tedder  moved  that  the  proposed  constitutional  amend- 
mejnt  be  printed  as  amended  in  Committee  of  the  Whole,  and  it 
was  determined  in  the  affirmative. 

By  unanimous  consent,  Mr.  Barhite  offered  a  resolution  in 
words  following: 

Besolved,  That  it  be  referred  to  the  Committee  on  Eules  to 
report  to  this  Convention  a  rule  wljich  shall  provide  for  the 
printing  or  placing  in  the  hands  of  members  substitutes  to  pro- 
posed amendments  to  the  Constitution  or  amendments  to  pro- 
posed amendments,  exceeding  twenty-five  words  in  length,  which 
may  be  offered  in  Committee  of  the  Whole  or  in  the  Convention, 
and  it  was  determined  in  the  affirmative. 

Mr.  Acker  asked  to  be,  and  was,  excused  from  attendance  on 
the  sessions  of  the  Convention  for  the  balance  of  this  week. 

Leave  of  absence  was  granted  to  Mr.  Towns  for  to-day  and 
to-morrow  on  account  of  sickness. 

On  motion  of  Mr.  Roche,  at  12.14,  the  Convention  adjourned. 
21 


322  JOURNAL  OF  THE 

Wednesday,  July  11,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  Lyman  E.  Davis. 

The  Journal  of  Tuesday,  July  tenth,  was  read  and  approved. 

Mr.  O'Brien  presented  the  memorial  of  the  Iron  Moulders' 
Union,  No.  107,  of  Auburn,  relative  to  the  competition  of  free 
and  prison  labor. 

Referred  to  the  Committee  on  State  Prisons. 

Mr.  Gilleran  presented  a  petition  of  citizens  of  New  York  city, 
in  favor  of  female  suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  Storms  moved  that  the  resolution  offered  by  Mr.  Dean 
yesterday,  relating  to  the  approving  of  the  action  of  the  Presi- 
dent of  the  United  States  in  calling  out  the  national  troops,  be 
laid  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Doty  called  up  the  resolution  offered  by  him,  in  words 
following  : 

Resolved,  If  it  be  not  already  furnished,  that  the  Secretary  is 
hereby  directed  to  obtain  from  the  proper  county  officer,  the 
amount  of  the  existing  indebtedness  of  all  the  counties  of  the 
State,  and  also  obtain  the  amount  of  the  existing  indebtedness 
of  each  incorporated  village  in  the  State  and  the  amount  of  the 
assessed  valuation  of  the  real  estate  of  such  village,  as  the  same 
appears  on  the  last  assessment- roll  of  such  village. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  E.  R.  Brown  offered  a  resolution  in  words  following  : 
Resolved,  That  the  Committee  on  Rules  be,  and  hereby  are, 
directed  to  report  a  rule  providing  that  the  Convention  may  cut 
off  debate  on  any  proposition  not  relating  to  the  business  of  the 
Convention. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 


CONSTITUTIONAL  CONVENTION.  323 

Mr.  Gilbert  offered  a  resolution  in  words  following  : 
Whereas,  The  members  lately  received  into  this  Convention 

are  not  fully  provided  with  places  upon  committees, 
Resolved,  That  an  additional  member  be  added  to  the  Special 

Committee  on  Civil  Service. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative;  and  Mr.  President  appointed 
Mr.  Putnam  as  a  member  of  the  Committee  on  Civil  Service. 

Mr.  Lincoln  offered  a  resolution  in  words  following  : 
Resolved,  That  the  Secretary  procure,  to  be  printed  for  the 
use  of  this  Convention,  300  copies  of  a  statement  showing  the 
population  of  the  State  by  counties,  classified  as  citizens  and 
aliens,  according  to  the  enumeration  of  1892;  and  also  of  the 
counties  of  Erie,  Kings,  Monroe,  New  York  and  Onondaga,  by 
towns  and  wards,  classified  in  the  same  mannner. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

299. — Mr.  Holcomb  presented  a  proposed  amendment  to 
article  10,  section  2  of  the  Constitution,  relative  to  the  appoint- 
ment of  officers. 

Referred  to  the  Committee  on  Governor  and  other  State 
Officers. 

300.— By  Mr.  Root : 

A  proposed  amendment  to  article  3,  section  16  of  the  Consti- 
tution, to  secure  greater  publicity  and  deliberation  in  the  passage 
of  private  or  local  bills. 

Referred  to  the  Committee  on  Powers  and  Duties  of  the 
Legislature. 

301. — Also,  a  proposed  amendment  to  article  6  of  the  Consti- 
tution, relative  to  the  practice  and  procedure  of  the  courts  of 
this  State. 

Referred  to  the  Committee  on  Judiciary. 

302. — Also,  a  proposed  amendment  to  article  6  of  the  Consti- 
tution, limiting  the  power  of  the  courts  of  the  State  to  admit 
persons  to  citizenship. 

Referred  to  the  Committee  on  Judiciary. 


324  JOURNAL  OF  THE 

303.— By  Mr.  Hottenioth  : 

A  proposed  amendment  to  article  3,  section  18  of  the  Consti- 
tution, relative  to  the  power  of  the  Legislature  to  pass  certain 
local  or  special  acts. 

Kef  erred  to  the  Committee  on  Powers  and  Duties  of  the 
Legislature. 

304.-  By  Mr.  Peck. 

A  proposed  amendment  to  article  9  of  the  Constitution,  relat- 
ing to  education. 
Eef erred  to  the  Committee  on  Education. 

305.—  By  Mr.  A.  B.  Sleele  : 

A  proposed  amendment  to  article  6,  section  2  of  the  Consti- 
tution, relative  to  the  Court  of  Appeals  and  the  tenure  of  its 
judges, 

Referred  to  the  Committee  on  Judiciary. 

306.-—  By  Mr.  Kellogg  : 

A  proposed  amendment  to  the  Constitution  relative  to  the 
equal  and  uniform  assessment  and  taxation  of  propertey  in  this 
State. 

Referred  to  the  Committee  on  State  Finances  and  Taxation. 

307.  —  By  Mr.  Goodelle  : 

A  proposed  amendment  to  article  2  of  the  Constitution,  rela- 
tive to  eligibility  to  otlice. 
Referred  to  the  Committee  on  Suffrage. 

308. —  Also,  a  proposed  arr-endment  to  article  2  of  the  Consti- 
tution, relative  to  qualifications  for  office. 
Referred  to  the  Committee  on  Suffrage. 

309.  — By   Mr.    Hamlin  : 

A  proposed  amendment  of  article  1,  section  5  of  the  Consti- 
tution, prohibiting  the  detention  of  witnesses  after  their  depo- 
sitions have  been  secured. 

Referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Parkhurst,  from  the  Committee  on  County,  Town  and 
Village  Officers,  to  which  was  recommended  the  proposed  con- 
stitutional amendment  introduced  by  Mr.  Carter,  introductory 


CONSTITUTIONAL  CONVENTION.  325 

No.  225,  entitled  u  Proposed  constitutional  amendment,  to  amend 
section  18,  article  6,"  reported  back  same  because  it  relates  to 
judicial  officers,  and  asked  that  said  committee  be  discharged 
from  further  consideration  of  the  same,  which  report  was  agreed 
to,  and  said  amendment  wras  referred  to  the  Committee  on 
Judiciary. 

Mr.  Alvord,  from  the  Committee  on  Salt  Springs,  to  which  was 
referred  the  proposed  constitutional  amendment,  introduced  by 
Mr.  Alvord,  introductory  No.  9,  entitled  "Proposed  constitutional 
amendment,  to  amend  section  7  of  article  7  of  the  Constitution, 
entitled  '  Salt  Springs,' "  reported  in  favor  of  the  passage  of  the 
same  with  some  amendments,  which  report  was  agreed  to  and 
said  proposition  committed  to  the  Committee  of  the  Whole. 

By  unanimous  consent,  Mr.  Hirschberg  offered  a  resolution  in 
words  following: 

Resolved,  That  the  evidence  taken  in  the  contest  in  the  Sixth 
Senatorial  district,  and  so  much  of  the  exhibits  as  either  party 
may  desire,  be  printed  under  the  supervision  of  the  Printing  Com- 
mittee and  the  Sub-Committee  on  Privileges  and  Elections. 

Resolved,  That  such  printing  be  done  by  contract,  given  to  the 
bidder  who  will  agree  to  do  the  work  at  the  earliest  date. 

Mr.  Bowers  called  for  a  division  of  the  question. 

Mr.  President  stated  the  question  to  be  upon  the  adoption  of 
the  first  resolution. 

Mr.  Cookinham  offered  the  following  as  a  substitute  for  said 
resolution : 

Resolved,  That  the  stenographer's  minutes  in  the  contested 
election  in  the  Sixth  Senatorial  district,  be  printed,  but  not  the 
exhibits. 

Mr.  Crosby  moved  to  lay  the  subject  upon  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Mr.  Abbott  moved  to  amend  the  substitute  offered  by  Mr. 
Cookinham,  by  striking  out  the  words  "  but  not  the  exhibits,"  and 
inserting  in  lieu  thereof:  "As  may  be  certified  to  be  necessary  by 
the  Committee  on  Privileges  and  Elections." 

Mr.  Dean  moved  the  previous  question. 


326  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Debate  being  had  thereon,  Mr.  Johnson  moved  the  previous 
question,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Abbott, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  substitute  offered  by 
Mr.  Cookinham,  as  amended,  and  it  was  determined  in  the 
affirmative. 

Mr.  President  then  stated  the  question  to  be  upon  the  adoption 
of  the  second  resolution  offered  by  Mr.  Hirschberg. 

Debate  being  had  thereon,  Mr.  Dickey  offered  the  following 
as  a  substitute  for  said  resolution : 

Eiesolved,  That  The  Argus  Company  do  the  printing,  on  con- 
dition that  it  is  done  within  five  day®  after  the  copy  is  delivered. 

Mr.  Dean  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  substitute  offered  by 
Mr.  Dickey,  as  amended,  and  it  was  determined  in  the  affirmative. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  waa 
recommitted  the  proposed  constitutional  amendment,  introduced 
by  Mr.  Hill,  introductory  No.  183,  entitled  "Proposed  constitu- 
tional amendment,  to  amend  section  5  of  article  2  of  the 
Constitution,  relating  to  the  manner  of  elections,"  reported  in 
favor  of  the  passage  of  the  same,  with  some  amendments,  which 
report  was  agreed  to  and  said  proposition  referred  to  the  Com- 
mittee of  the  Whole. 

Mr.  Vedder  moved  to  recommit  the  "  Proposed  constitutional 
amendment  to  amend  section  15  of  -article  3,  so  as  to  secure 
greater  publicity  and  deliberation  in  the  passage  of  all  bills,"  No. 
290,  introductory  No.  73,  to  the  Committee  on  Powers  and  Duties 
of  the  Legislature,  retaining  its  place  on  General  Orders. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Boot  moved  that  the  privileges  of  the  floor  be  extended  to 
Hon.  Elbridge  T.  Gerry,  a  member  of  the  Constitutional  Conven- 
tion of  1867,  during  his  stay  in  the  city. 


CONSTITUTIONAL  CONVENTION.  327 

Mr.   President  put   the   question   on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Morton  offered  a  resolution  in  words  following  : 
Resolved,  That  the  contesting  delegates  of  the  Sixth  Senatorial 
district  be,  and  they  are,  hereby  granted  the  privileges  of  the 
floor  of  the  Convention,     pending     the     determination  of  said 
contest. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 
On  motion  of  Mr.  Roc  t,  at  11.22,  the  Convention  adjourned. 


Thursday,  July  12,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Kev.  H.  C.  Searles. 

The  Journal  of  Wednesday,  July  eleventh,  was  read  and 
approved. 

Mr.  President  presented  a  memorial  of  Montague  E.  Leverson. 
Referred  to  the  Committee  on  Suffrage. 

Also,  memorial  in  favor  of  Civil  Service. 
Referred  to  the  Committee  on  Civil  Service. 

Also,  communication  from  Catharine  A.  Stebbins  in  favor  of 
female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Smith  presented  the  memorial  of  the  State  Board  of  Trade 
and  Transportation  favoring  a  Court  of  Arbitration. 
Referred  to  the  Committee  on  Judiciary. 

Mr.  President  stated  that  an  error  was  made  by  him  in  allowing 
the  resolution  offered  by  Mr.  Morton,  in  words  following: 

Resolved,  "That  the  contesting  delegates  of  the  Sixth  Senate 
district  be  and  they  are  hereby  granted  the  privileges  of  the  floor 
of  the  Convention  pending  the  determination  of  said  contest,"  to 
go  over  on  account  of  debate.  That,  it  being  privileged,  its  con- 
sideration could  then  have  been  entertained  and  can  now  be 
brought  before  the  Convention. 

Mr.  Bowers  moved  to  lay  said  resolution  on  the  table. 


328  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  said  resolu- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  Speer  offered  a  resolution  in  words  following: 
Resolved,  That  the  Committee  on  Cities  be  directed  to  report  to 
the  Convention  proposed  constitutional  amendment  No.  299,  "to 
secure  home  rule  for  cities,"  with  its1  action  thereon. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  Dickey  offered  a  resolution  in  words  foil-owing: 

Resolved,  That  after  the  regular  routine  is  gone  through  with, 
the  Convention  each  day  go  into  Committee  of  the  Whole,  to  con- 
sider General  Orders. 

Referred  to  the  Committee  on  Rules. 

Mr.  Maybee  offered  a  resolution  in  words  following: 
"Resolved,  That  the  Committee  on  Rules  be  instructed  to 
inquire  immediately  into  the  reasons  why,  after  a  resolution  of 
this  Convention  passed  some  days  since,  directing  the  steno- 
grapher to  furnish  copy  of  the  debates  to  the  Convention  printer, 
the  latest  printed  debates  upon  the  files  of  the  members  of  this 
Convention  are  those  of  June  twenty-eighth,  and  whether  or  not 
this  Convention  has  any  power  or  authority  over  its  stenographer 
or  printer,"  and  it  was  determined  in  the  affirmative. 

Mr.  Becker  called  up  the  resolution  offered  by  Mr.  Lincoln  in 
words  following: 

"  Resolved,  That  the  Secretary  procure,  to  be  printed  for  the  use 
of  the  Convention,  300  copies  of  a  statement  showing  the  popula- 
tion of  the  State  by  counties,  classified  as  citizens  and  aliens, 
according  to  the  enumeration  of  1892,  and  also  of  the  counties  of 
Erie,  Kings,  Monroe,  New  York  and  Onondaga  by  towns  and 
wards,  classified  in  the  same  manner." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

310. —  Mr.  J.  Johnson  presented  a    proposed    amendment    to 
article  8  of  the  Constitution,  relative  to  elections  in  cities. 
Referred  to  the  Committee  on  Cities. 


CONSTITUTIONAL  CONVENTION.  329 

311. —  By  Mr.  Davenport: 

A  proposed  amendment  to  article  1,  section  G  of  the  Constitu- 
tion, relative  to  punishment  for  certain  offenses. 
Referred  to  the  Committee  on  Judiciary. 

312.— By  Mr.  Tekulsky: 

A  proposed  amendment  of  article  3,  section  18  of  the  Constitu- 
tion, relative  to  home  rule  for  cities. 
Referred  to  the  Committee  on  Cities. 

313.— By  Mr.  Tucker: 

A  proposed  amendment  to  article  8,  section  1  of  the  Constitu- 
tion, relative  to  the  creation  and  limitation  of  corporations. 
Referred  to  the  Committee  on  Corporations. 

314. —  Also,  a  proposed  amendment  to  article  8,  section  2  of  the 
Constitution,  relative  to  the  payment  of  wages  by  employers  who 
are  corporations. 

Referred  to  the  Committee  on  Corporations. 

315. —  Also  a  proposed  amendment  to  article  1  of  the  Constitu- 
tion, relative  to  what  shall  be  a  lawful  day's  work  for  women  and 
minors. 

Referred  to  the  Committee  on  Industrial  Interests. 

316.— By  Mr.  Forbes: 

A  proposed  amendment  to  article  8,  section  1  of  the  Constitu- 
tion, relative  to  corporations. 
Referred  to  the  Committee  on  Corporations. 

317. —  Also  a  proposed  amendment  to  article  8,  section  1  of  the 
Constitution,  relative  to  corporations. 
Referred  to  the  Committee  on  Corporations. 

318.— By  Mr.  Gilleran: 

A  proposed  amendment  to  article  9  of  the  Constitution,  relating 
to  school  funds. 
Referred  to  the  Committee  on  Education. 

319.— By  Mr.  Griswold: 

A  proposed  amendment  to  article  8  of  the  Constitution,  relating 
to  parallel  and  competing  railways. 
Referred  to  the  Committee  on  Railroads. 


S30  JOURNAL  OF  THE 

320. —  Also,  a  proposed  amendment  to  article  15  of  the  Constitu- 
tion, relating  to  gifts  by  corporations  to  judges  and  members  of 
the  Legislature. 

Referred  to  the  Committee  on  Railroads. 

321.— By  Mr.  Gilbert: 

A  proposed  amendment  to  article  3  of  the  Constitution,  provid- 
ing for  boards  of  arbitration. 
Referred  to  the  Committee  on  Industrial  Interests. 

322.— By  Mr.  W.  H.  Steele: 

A  proposed  amendment  to  article  3,  section  16  of  the  Constitu- 
tion, relative  to  private  and  local  bills. 
Referred  to  the  Committee  on  Legislative  Powers  and  Duties. 

323.— By  Mr.  Durfee  (by  request): 

A  proposed  amendment  to  article  2  of  the  Constitution,  relative 
to  the  method  of  electing  public  officers. 

Referred  to  the  Committee  on  Suffrage. 

324. —  Also  (by  request),  a  proposed  amendment  to  article  4, 
section  3  of  the  Constitution,  relative  to  the  election  of  Governor, 
and  Lieutenant-Governor. 

Referred  to  the  Committee  on  Governor  and  other  State  Officers. 

325.—  By  Mr.  Foote: 

A  proposed  amendment  to  article  1,  section  7  of  the  Constitu- 
tion, authorizing  the  Legislature  to  provide  for  the  construction 
of  dams  and  reservoirs. 

Referred  to  the  Committee  on  Powers  and  Duties  of  the  Legis- 
lature. 

326. —  Also,  a  proposed  amendment  to  article  2,  section  4  of  the 
Constitution,  relative  to  corrupt  practices  at  primaries  and 
elections. 

Referred  to  the  Committee  on  Judiciary. 

327.— By  Mr.  Parker: 

A  proposed  amendment  to  article  1,  section  7  of  the  Constitu- 
tion, relative  to  the  drainage  of  agricultural  lands. 
Referred  to  the  Committee  on  Preamble. 


CONSTITUTIONAL  CONVENTION.  331 

328.— By  Mr.  Doty: 

A  proposed  amendment  to  article  6,  section  6  of  the  Constitu- 
tion, relative  to  the  creation  of  a  second  division  of  the  Court  of 
Appeals. 

Referred  to  the  Committee  on  Judiciary. 

329.— By  Mr.  Becker: 

A  proposed  amendment  to  article  10,  section  1  of  the  Constitu- 
tion, relative  to  removals  of  public  officers  by  the  Governor. 
Referred  to  the  Committee  on  Judiciary. 

330.— By  Mr.  Vedder: 

A  proposed  amendment  to  article  6,  section  1  of  the  Constitu- 
tion, relative  to  impeachment. 

Referred  to  the  Committee  on  Powers  and  Duties  of  the  Legis- 
lature. 

Mr.  Lyon,  from  the  Committee  on  Contingent  Expenses, 
reported  in  words  following: 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  resolution  offered  by  Mr.  Hill,  requesting  the  Committee  on 
Contingent  Expenses  to  take  into  consideration  and  report  upon 
the  question  of  compensation  of  the  stenographer  of  the  Conven- 
tion for  his  attendance  and  the  taking  of  stenographic  notes  of 
debates  and  proceedings  of  the  Convention,  and  for  the  perform- 
ance of  such  other  duties  as  are  prescribed  by  the  rules  of  the 
Convention,  reports  as  follows : 

That  the  stenographer  of  the  Convention,  in  addition  to  taking 
stenographic  notes  of  the  debates  and  proceedings  of  the  Conven- 
tion, is  required  by  Rule  66  to  transcribe  and  file  with  the  Secre- 
tary of  the  Convention,  prior  to  the  opening  of  each  day's  session, 
his  notes  of  the  debates  and  proceedings  of  the  preceding  Conven- 
tion day;  and  that  he  is  further  required,  pursuant  to  the  resolu- 
tion of  July  tenth,  to  prepare  an  additional  copy  and  deliver  the 
same  to  The  Argus  Company  from  which  to  print  the  "  debates  " 
of  the  Convention;  that  the  copy  for  The  Argus  Company,  must, 
excepting  upon  the  last  day  of  the  week's  session,  be  delivered 
throughout  the  afternoon  in  order  that  the  same  may  be  put  in 
type,  printed  and  ready  to  be  placed  upon  the  desks  of  the  mem- 
bers the  following  morning,  and  that  the  stenographer  will  be 


332  JOURNAL  OF  THE 

obliged  to  employ  several  assistants  in  order  to  get  out  such  copy 
to  The  Argus  Company,  promptly. 

The  Committee  on  Contingent  Expenses,  therefore  recommends 
that  the  compensation  of  the  stenographer  for  his  attendance 
and  the  taking  of  stenographic  notes  of  all  the  debates  and  pro- 
ceedings of  the  Convention,  from  the  opening  to  the  final  adjourn- 
ment of  the  Convention,  and  for  the  performance  of  all  other 
duties  prescribed  by  the  rules  of  the  Convention,  be  fixed  at  the 
sum  of  $1,500,  which  is  the  sum  paid  to  the  stenographer  of  the 
Senate  as  well  as  of  the  Assembly  for  taking  stenographic  notes 
of  the  debates  and  proceedings  of  the  annual  session  of  each 
body;  and  that  the  stenographer  of  this  Convention  be  further 
paid  for  transcripts  of  the  debates  and  proceedings  of  the  Con- 
vention heretofore  or  hereafter  prepared  or  furnished  by  him,  pur- 
suant to  the  rules  or  resolutions  of  the  Convention,  the  sum  of 
twenty  (20)  cents  per  folio  for  the  first  copy,  and  of  five  (5)  cents 
per  folio  for  each  additional  copy. 

July  12,  1894 

GEORGE  F.  LYON, 

Chairman. 

Mr.  Durfee  called  for  a  division  of  the  question. 

Mr.  President  stated  the  question  to  be  upon  the  first  proposi- 
tion in  said  report,  and  it  was  determined  in  the  affirmative. 

Mr.  President  stated  the  question  to  be  upon  the  second  propo- 
sition in  said  report,  and  it  was  determined  in  the  affirmative. 

Mr.  Lyon,  from  the  Committee  on  Contingent  Expenses, 
reported  as  follows : 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  resolution  offered  by  Mr.  Meyenborg,  requesting  the  Superin- 
tendent of  the  Capitol  to  have  the  water  tanks  in  the  Convention 
chamber  supplied  with  pure  spring  water  at  an  expense  not  to 
exceed  two  dollars  per  day  of  session,  reports  in  favor  of  the 
adoption  of  such  resolution. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Lauterbach,  introductory  No.  258,  entitled  "  Proposed  consti- 
tutional amendment  to  amend  article  2  of  the  Constitution,  rela- 


CONSTITUTIONAL  CONVENTION.  333 

tire  to  suffrage,"  reported  in  favor  of  the  passage  of  the  same,  with 
some  amendments,  which  report  was  agreed  to  and  said  proposed 
constitutional  amendment  committed  to  the  Committee  of  the 
Whole. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Holls,  introductory  No.  64,  entitled  "  Proposed  constitutional 
amendment  to  amend  section  4  of  article  2  of  the  Constitution, 
empowering  the  Legislature  to  enforce,  by  law,  the  duty  of  vot- 
ing," reported  in  favor  of  the  passage  of  the  same,  with  some 
amendments,  which  report  was  agreed  to  and  said  proposed  con- 
stitutional amendment  committed  to  the  Committee  of  the  Whole. 

Mr.  Goodelle  moved  that  the  Convention  go  into  Committee  of 
the  Whole  on  General  Order  No.  4,  introductory  No.  183,  printed 
No.  303,  entitled  "  Proposed  constitutional  amendment  to  amend 
section  5  of  article  2  of  the  Constitution,  relating  to  the  manner 
of  elections." 

Mr.  A.  H.  Green  moved  that  General  Order  No.  5,  document 
No.  27,  entitled  "  Report  of  special  committee  on  transfer  of  land 
titles/7  be  considered  in  the  same  Committee  of  the  Whole. 

Pending  the  question,  Mr.  E.  A.  Brown  moved  that  the  Conven- 
tion now  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Ayes  —  Messrs.  Banks,  Brown,  E.  A.;  Bush,  Crosby,  Gilleran, 
Holcomb,  Lincoln,  Nicoll,  De  L.;  Schumaker,  Titus,  Truax,  C.  H.; 
Veeder  — 12. 

Noes  —  Messrs.  Abbott,  Ackerly,  Alvord,  Arnold,  Baker,  Bar- 
hite,  Barnum,  Barrow,  Becker,  Bigelow,  Blake,  Brown,  E.  R; 
Burr,  Cady,  Chipp,  Jr.;  Church,  Clark,  G.  W.;  Clark,  H.  A,;  Coch- 
ran,  Coleman,  Cookinham,  Corn  well,  Cur  ran,  Davenport,  Davis, 
G.  A. ;  Deady,  Dean,  Deyo,  Dickey,  Doty,  Durnin,  Emmet,  Faber, 
Farrell,  Fields,  Floyd,  Foote,  Forbes,  Francis,  Frank,  Andrew; 
Frank,  Augustus:  Eraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger, 
Gibney,  Giegerich,  Goeller,  Goodelle,  Green,  A.  H. ;  Green,  J.  L; 
Griswold,  Hawley,  Hecker,  Hedges,  Herzberg,  A.;  Hill,  Hirs'ch- 
berg,  M.  H.;  Holls,  Hottenroth,  Jacobs,  Jenks,  Johnson, 
T.  Sam;  Johnston,  R,  M.;  Kellogg,  Kerwin,  Lauterbach,  Lester, 
Lewis,  C.  H. ;  Lewis,  M.  E. ;  Lyon,  Manley,  Mantanye,  Marks,  Mar- 


334  JOURNAL  OF  THE 

shall,  Maybee,  McArthur,  McClure,  McCurdy,  McDonough, 
Mclntyre,  McKinstry,  McMillan,  Meyenborg,  Moore,  Morton, 
Nichols,  W.  H. ;  O'Brien,  Ohmeis,  Parker,  Parkhurst,  Peck,  Phipps, 
Platzek,  Pool,  Porter,  Pratt,  Putnam,  Root,  Sandford,  Speer,  Spen- 
cer, Springweiler,  Steele,  A.  B.;  Steele,  W.  H. ;  Storm,  Sulli- 
van, T.  A.;  Sullivan,  W.;  Towns,  Turner,  Vedder,  Vogt,  Welling- 
ton, Whitmyer,  Williams,  President — 116. 

Mr.  McMillan  moved  that  the  motion  of  Mr.  Goodelle  to  go  into 
Committee  of  the  Whole  on  General  Orders  numbers  4  and  5, 
be  laid  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  McMillan  offered  a  resolution  in  words  following: 

"Resolved,  That  the  Sergeant-at-Arms  cause  to  be  placed  on 
the  desk  of  each  delegate  a  file  for  General  Orders  and  that  all 
General  Orders  be  placed  on  said  files  daily  in  numerical  order," 
and  it  was  determined  in  the  affirmative. 

Mr.  Maybee  moved  to  go  into  Committee1  of  the  Whole  on  Gen- 
eral Order  No.  4. 

On  motion  of  Mr.  McMillan,  at  11.15,  the  Convention  adjourned. 


Friday,  July  13,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  C.  P.  Evans. 

The  Journal  of  Thursday,  July  twelfth,  was  read  and  approved. 

Mr.  President  presented  a  memorial  from  citizens  of  New  York 
against  sectarian  appropriations. 

Referred  to  the  Committee  on  Charities. 

Also,  the  memorial  of  the  New  York  Association  for  Improving 
the  Condition  of  the  Poor,  relative  to  education. 

Referred  to  the  Committee  on  Education. 

Mr.  Tucker  presented  a  petition  in  favor  of  female  suffrage. 

Referrred  to  the  Committee  on  Suffrage. 

Mr.  President  presented  a  communication  from  Edward  R. 
James,  relative  to  prison  labor. 

Referred  to  the  Committee  on  State  Prisons. 


CONSTITUTIONAL  CONVENTION.  335 

Mr.  Hottenroth  offered  a  resolution  in  words  following: 
Resolved,  That  the  Secretary  communicate  with  the  State 
Engineer  and  the  Superintendent  of  Public  Works  to  obtain,  as 
soon  as  possible,  approximate  detailed  estimates  of  the  cost  of 
improving  the  various  canals  of  this  State,  specifying  each 
separately. 

1.  Of  the  probable  cost  of  deepening  the  canals  to  a  depth 
of  nine  feet;    with  or  without  raising  the  banks  or  raising  or 
lowering  the  reservoirs  or  conduits  thereof  and  also  the  probable 
extent  of  the  land  damages  that  might  result  therefrom ; 

2.  Of  the  probable  cost  of  cleaning  the  canals  so  as  to  give  full 
use  for  navigation  to  the  depth  of  seven  feet; 

3.  Of  the  probable  cost  of  lengthening  all  locks,  not  already 
lengthened,  to  a  uniform  length. 

4.  Of  the  probable  cost  of  building  retaining  walls  wherever 
necessary  for  the  most  effectual  service. 

5.  Of  the  probable  cost  of  constructing  a  suitable  ship  canal 
in  place  of  and  along  the  route  of  the  present  Erie  canal,  together 
with  an  estimate  of  the  probable  extent  of  land  or  other  damages 
that  would  result  from  such  construction. 

Referred  to  the  Committee  on  Canals. 

Mr.  Moore  offered  a  resolution  in  words  following  : 

Resolved,  That  the  final  reports  of  all  standing  or  special  com- 
mittees shall  embody  in  them  the  respective  amendments  by 
number  only,  considered  by  them  in  arriving  at  the  conclusions 
mentioned  in  such  report,  and  in  substance  such  report  shall 
always  state  that  said  committee  has  had  under  consideration 
amendments  Nos.  ,  and  report  on  them  as  follows  : 

Referred  to  the  Committee  on  Rules.  , 

Mr.  Moore  also  offered  a  resolution  in  words  following  : 
Resolved,  That  on  the  coming  in  of  a  final  report  of  any  com- 
mittee, if  such  report  be  not  unanimous,  a  minority  report  shall 
be  always  in  order  at  any  time  before  the  final  disposition  of  such 
report  by  the  Convention,  or  at  such  other  time  as  the  Convention 
may  decide. 

Referred  to  the  Committee  on  Rules. 

331. — Mr.  Ackerly  presented  a  proposed  amendment  to  article 
2  of  the  Constitution,  relative  to  the  election  of  school  commis- 
sioners and  appropriations  for  public  schools. 

Referred  to  the  Committee  on  Suffrage. 


336  JOURNAL  OF  THE 

332.— By  Mr.  Floyd  (by  request)  : 

A  proposed  amendment  to  article  3,  section  22  of  the  Constitu- 
tion, relative  to  town  government. 

Referred  to  the  Committee  on  County.  Town  and  Village 
Government. 

333.— By  Mr.  Cochran  :  , 

A  proposed  amendment  of  article  11  of  the  Constitution,  relat- 
ing to  the  militia. 

Referred  to  the  Committee  on  Military. 

334. — Also,  a  proposed  amendment  to  article  2  of  the  Constitu- 
tion, relative  to  voting  by  inmates  of  soldiers'  homes. 
Referred  to  the  Committee  on  Suffrage. 

335. —  By  Mta.  Johnson: 

A  proposed  amendment  to  article  8  of  the  Constitution,  rela- 
tive to  the  power  of  appointment  of  certain  city  officers. 
Referred  to  the  Committee  on  Cities. 

336.— By  Mr.  Holcomb: 

A  proposed  amendment  of  the  Constitution,  relative  to  incor- 
porated companies.  j 
Referred  to  the  Committee  on  Corporations. 

337.— By  Mr.  Saiidford: 

A    proposed    amendment    to    article    9    of    the    Constitution, 
relating  to  common  schools. 
Referred  to  the  Committee  on  Education. 

338.— By  Mr.  Tekulsky: 

A    proposed    amendment    to    the    Constitution,    relative    to 
damages  in  actions  involving  the  death  of  any  citizens. 
Referred  to  the  Committee  on  Judiciary. 


339.— By  Mr.  C.  S.  Truax: 

A  proposed  amendment  to  article  8  of  the  Constitution, 
hibitiiig  sectarian  appropriations. 

Referred  to  the  Committee  on  Education. 


340.— By  Mr.  Osborn: 

A  proposed  amerdment  to  article  1,  relative  to  the  delegation 
of  the  powers  of  the  State. 

Referred  to  the  Committee  on  Preamble. 


CONSTITUTIONAL  CONVENTION.  337 

341.— By  Mr.  Gibrey: 

A  proposed  amendment  to  article  3  of  the  Constitution,  rela- 
tive to  arbitrations  and  strikes. 
Referred  to  the  Committee  on  Industrial  Interests. 

342. —  Also,  A  proposed  amendment  to  article  7  of  the  Consti- 
tution, relating  to  local  taxation. 
Referred  to  the  Committee  on  State  Finances  and  Taxation. 

343.— By  Mr.  Hottenroth: 

A  proposed  amendment  to  article  1  of  the  Constitution,  rela- 
tive to  taking  property  for  public  use. 

Referred  to  the  Committee  on  Preamble  and  Bill  of  Eights. 

344. — Also,  a  proposed  amendment  to  article  8,  section  9  of 
the  Constitution,  relative  to  assessments  for  improvements. 
Referred  to  the  Committee  on  State  Finances  and  Taxation. 

345. — Also,  a  proposed  amendment  to  article  3,  section  18  of 
the  Constitution,  relative  to  railway  franchises. 
Referred  to  the  Committee  on  Railroads. 

346.— By  Mr.  Banks: 

A  proposed  amendment  to  article  7  of  the  Constitution,  rela* 
tive  to  State  contracts. 

Referred  to  the  Committee  on  State  Finances  and  Taxation. 

347.— By  Mr.  Moore  : 

A  proposed  amendment  to  article  12  of  the  Constitution,  rela- 
tive to  bribery  and  corrupt  practices  at  elections. 
Referred  to  the  Committee  on  Suffrage. 

348.— By  Mr.  Roche  : 

A  proposed  amendment  to  article  8,  section  1  of  the  Constitu- 
tion, relative  to  corporations. 
Referred  to  the  Committee  on  Corporations. 

349. — Also,  a  proposed  amendment  to  article  10,  section  1  of 
the  Constitution,  relative  to  county  officers. 

Referred  to  the  Committee  on  County,  Town  and  Village 
Officers.  f 

350.— By  Mr.  Peck  : 

A  proposed  amendment  to  article  3  of  the  Constitution,  relative 
to  future  organization  of  the  Senate  and  Assembly. 
Referred  to  the  Committee  on  Legislative  Organization. 

22 


338  JOURNAL  OF  THE 

351.— By  Mr.  H.  A.  Clark  : 

A  proposed  amendment  to  article  3  of  the  Constitution,  relative 
to  the  powers  of  the  Legislature  to  form  and  divide  counties. 

Referred  to  the  Committee  on  Powers  and  Duties  of  the 
Legislature.  j 

352.— By  Mr.  W.  H.  Nichols  (by  request)  : 

A  proposed  amendment  to  the  Constitution  relative  to  soldiers 
and  sailors'  homes. 

Referred  to  the  Committee  on  Powers  and  Duties  of  the 
Legislature. 

353.— By  Mr.  Andrew  Frank  : 

A  proposed  amendment  to  article  5  of  the  Constitution,  relative 
to  the  election  of  State  officers. 

Referred  to  the  Committee  on  G-overnor  and  Other  State 
Officers. 

Mr.  Abbott,  from  the  Committee  on  Governor  and  Other  State 
Officers,  reported  in  words  following  : 

"The  Committee  on  Governor  and  Other  State  Officers  respect- 
fully report  that  having  had  proposed  amendment  No.  305,  relat- 
ing to  choice  or  appointment  of  officers,  under  consideration,  and 
believing  that  the  subject  matter  thereof  properly  comes  within 
the  province  of  the  Committee  on  County,  Town  and  Village 
Officers,  therefore  asks  to  be  excused  from  its  further  considera- 
tion, and  that  the  said  proposed  amendment  be  referred  to  said 
Committee  on  County,  Town  and  Village  Officers,"  which  report 
was  agreed  to. 

And  said  amendment  was  referred  to  the  Committee  on  County, 
Town  and  Village  Officers. 

Mr.  Root,  from  the  Committee  on  Judiciary,  submitted  the  fol- 
lowing report : 

To  the  Convention  : 

The  Committee  on  Judiciary,  to  which  have  been  referred  the 
proposed  constitutional  amendments,  Nos.  7,  17,  28,  36,  53,  75  and 
184,  relating  to  the  subject  of  trial  by  jury,  respectfully  report, 
four  members  dissenting,  that  it  has  fully  considered  the  proposed 
amendments,  and  that  in  the  judgment  of  the  committee,  no 
amendment  should  be  made  to  the  provisions  of  the  existing  Con- 
stitution relating  to  that  subject. 

ELIHU  ROOT, 

,  Chairman. 


CONSTITUTIONAL  CONVENTION.  339 

Mr.  Platzek  moved  to  disagree  with  the  report  of  the  Judiciary 
Committee  so  far  as  the  same  relates  to  No.  28 . 

Mr.  J.I.  Greene  moved  that  the  whole  report  be  made  a  special 
order  for  Tuesday,  July  twenty-fourth. 

Mr.  Platzek  accepted  the  amendment. 

Mr.  Hoot  moved  to  amend  by  striking  out  "  twenty-fourth  "  and 
insert  "  nineteenth  "  in  lieu  thereof. 

Mr.  Mulqueen  moved  to  strike  out  "Tuesday,  July  twenty- 
fourth,"  and  insert  in  lieu  thereof,  "  Thursday,  July  nineteenth.'' 

Mr.  Arnold  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mulqueen, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Platzek 
as  amended,  and  it  was  determined  in  the  negative,  two-thirds 
of  all  the  members  elected  to  the  Convention  not  voting  in  favor 
thereof. 

Mr.  Koche  moved  that  the  report  be  made  a  special  order  for 
next  Wednesday,  July  eighteenth. 

Mr.  Vedder  moved  to  amend  by  striking  out  all  after  "  special 
order "  and  inserting  in  lieu  thereof  "  for  next  Tuesday  evening, 
July  seventeenth,  at  eight  o'clock,  and  that  a  special  session  be 
held  at  that  time  for  that  purpose  only." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder 
and  it  was  determined  in  the  affirmative,  two-thirds  of  all  the 
members  elected  to  the  Convention  voting  in  favor  thereof. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche,  as 
amended,  and  it  was  determined  in  the  affirmative,  two- thirds  of 
all  the  members  elected  to  the  Convention  voting  in  favor  thereof. 

Mr.  Koot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introductory 
No.  76,  entitled  "Proposed  amendment  to  amend  section  6  of 
article  1  of  the  Constitution,  in  reference  to  the  abolition  of  capital 
punishment  and  discharge  of  persons  imprisoned  after  indictment 
and  awaiting  trial  ten  months,"  reported  that,  in  the  judgment 
of  the  committee,  no  amendment  should  be  made  to  the  provis- 
ions of  the  existing  Constitution  relating  to  that  subject. 


340  JOURNAL  OF  THE 

Mr.  J.  I.  Green  moved  that  said  report  be  made  a  special 
order  for  Wednesday  evening,  at  eight  o'clock,  and  it  was  deter- 
mined in  the  negative,  two-thirds  of  all  the  members  elected 
to  the  Convention  not  voting  in  favor  thereof. 

Mr.  Bowers  moved  that  said  report  be  made  a  special  order 
for  Tuesday  morning  next. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two- thirds  of  all  the  members 
elected  to  the  Convention  voting  in  favor  thereof. 

Mr.  Boot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introductory 
No.  15,  entitled  "Proposed  constitutional  amendment  to  amend 
section  7  of  article  1,  referring  to  taking  private  property  for 
public  use,"  reported  that,  in  the  opinion  of  the  committee,  no 
amendment  should  be  made  to  the  provisions  of  the  existing  Con- 
stitution relating  to  that  subject. 

Mr.  Marks  moved  that  said  report  be  made  a  special  order  for 
next  Tuesday. 

Mr.  Bigelow  moved  to  lay  said  report  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Koot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introductory 
No.  3(5,  entitled  "Proposed  constitutional  amendment  to  amend 
section  3  of  article  1  of  the  Constitution,  in  regard  to  judgments 
on  appeal,  protection  of  witnesses,"  etc.,  reported  that,  in  the 
opinion  of  the  committee,  no  amendment  should  be  made  to  the 
provisions  of  the  existing  Constitution  relating  to  that  subject. 
Two  members  dissenting. 

Mr.  Giegerich  moved  to  lay  said  report  on  the  table,  and  it  was 
determined  in  the  affirmative. 

Mr.  Koot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introductory 
No.  174,  entitled  "  Proposed  constitutional  amendment  to  amend 
the  judiciary  article  of  the  Constitution,"  reported  adversely 
thereto,  and  said  report  was  agreed  to. 

Mr.  Koot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introductory 
No.  39,  entitled  "Proposed  constitutional  amendment  to  add  a 


CONSTITUTIONAL  CONVENTION.  341 

new  article  to  the  Constitution,  in  regard  to  presidential  elect- 
ors/' reported  adversely  thereto. 

Mr.  Giergerich  moved  that  said  report  lay  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Koot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introductory 
No.  214,  entitled  "  Proposed  constitutional  amendment  to  amend 
article  6  of  the  Constitution  by  inserting  therein  a  new  section 
providing  for  electing  referees,"  reported  adversely  thereto,  and 
said  report  was  agreed  to. 

Mr.  Eoot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introductory 
No.  195,  entitled  "  Proposed  constitutional  amendment  to  amend 
section  10  of  article  1  of  the  Constitution,  providing  that  divorce 
proceedings  be  had  in  open  court  before  a  judge  thereof  as  fol- 
lows," reported  adversely  thereto,  and  said  report  was  agreed  to. 

Mr.  Boot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introductory 
No.  19G,  entitled  "  Proposed  constitutional  amendment  to  amend 
section  3  of  article  15  of  the  Constitution,"  reported  adversely 
thereto . 

Mr.  J.  I.  Green  moved  that  said  report  be  made  a  special 
order  for  Tuesday  next,  after  the  previous  special  orders. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  all  the  members 
elected  to  the  Convention  voting  in  favor  thereof: 

Mr.  Eoot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introductory 
No.  213,  entitled  "  Proposed  constitutional  amendment  to  amend 
article  6  of  the  Constitution,  being  the  judiciary  article,  by 
adding  a  new  section  thereto,"  reported  adversely  thereto. 

Mr.  Titus  moved  that  said  report  be  made  a  special  order  for 
Tuesday  morning  next,  after  the  previous  special  orders. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  all  the  members 
elected  to  the  Convention  voting  in  favor  thereof: 

Mr.  Parkhurst,  from  the  Committee  on  County,  Town  and  Vil- 
lage Officers,  to  which  was  referred  the  constitutional  amend- 


342  JOURNAL  OF  THE 

ment  introduced  by  Mr.  Dickey,  introductory  No.  6,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  10  of  the 
Constitution,  to  do  away  with  the  office  of  coroner  as  a  constitu- 
tional office,  reported  in  favor  of  the  passage  of  the  same  without 
amendment,  one  member  dissenting,  which  report  was  agreed  to 
and  said  proposed  constitutional  amendment  committed  to  the 
Committee  of  the  Whole. 

Mr.  Davies,  from  the  Committee  on  Railroads,  to  which  was 
recommitted  the  resolution  introduced  by  Mr.  Hottenroth, 
reported  in  favor  of  the  same  without  amendment,  in  words 
following :  < 

"  Resolved,  That  the  Secretary  of  this  Convention  communicate 
with  the  Secretary  of  State,  with  the  mayors  of  cities  and  the 
Railroad  Commissioners  :  / 

1.  A  list  of  railroads  and  elevated  and  street  surface  railways 
in  this  State  for  the  construction  and  operation  of  which  fran- 
chises have  been  granted,  but  which  have  not  been  constructed, 
or  if  partly  constructed,  the  extent  of  such  construction. 

2.  A  list  of  railroads  and  elevated  and  street  surface  railways 
in  this  State  for  the  construction  and  operation  of  which  fran- 
chises have  been  granted,  and  which  have  been  constructed,  but 
which  are  not  operated,  or,  is    partly    operated,    the    portions 
operated . 

And  also,  the  location  of  the  routes,  the  dates  of  the  granting 
of  the  franchises,  by  whom  granted  and  whether  the  corporations 
controlling  them  were  organized  under  general  laws  or  special 
statutes," 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Peck  rose  to  a,  question  of  privilege  and,  in  connection 
therewith,  -offered  a  resolution  in  words  following : 

Resolved,  That  this  Convention  has  heard,  with  indignation 
and  regret,  that  an  editorial  attack  has  been  made  this  morning 
upon  a  venerable  and  distinguished  member  of  this  Convention; 
also,  a  member  of  the  Convention  of  1867;  that  the  Convention 
condemns  its  publication  and  hereby  extends  to  Hon.  John  M. 
Francis  a  most  cordial  expression  of  its  confidence  and  respect, 
and  refrain  from  dignifying  the  attack  by  taking  further  action. 

Remarks  were  made  by  Messrs.  Bigelow,  Root,  J.  Johnson  and 
Alvord. 


CONSTITUTIONAL  CONVENTION.  343 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
adopted  unanimously  by  a  rising  vote. 

Mr.  Cookinham  BiOYed  that  the  Convention  now  adjourn,  and 
it  was  determined  in  the  affirmative. 
And,  at  11.55,  the  Convention  adjourned. 


Tuesday,  July  17,  1894. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  A.  K.  Duff. 

The  Journal  of  Friday,  July  thirteenth,  was  read  and  approved. 
Mr.  Francis  rose  to  a  question  of  privilege  and  stated  : 

Mr.  President  —  I  rise  to  a  question  of  privilege.  Referring 
to  the  closing  proceedings  of  this  Convention  at  its  last  session, 
I  have  to  say  that  its  unanimous  action,  in  a  matter  wherein  my 
name  was  made  conspicuously  prominent,  has  deeply  touched 
my  heart.  This  cordial  expression  of  confidence  and  respect 
under  trying  circumstances  that  need  no  exposition  from  me,  I 
shall  cherish  as  a  testimonial  to  be  consecrated  as  very  sacred 
in  memory.  Democratic  colleagues  with  Republican  representa- 
tives here  uniting  as  of  one  mind  with  all  the  forces  of  moral 
will  power  aroused  to  intense  expression,  was  a  manifestation 
unprecedented  —  illustrative,  too,  of  the  poetic  apothegm, 
"  One  touch  of  nature  makes  the  whole  world  kin." 

Mr.  President  and  gentlemen  of  the  Convention,  while  fully 
recognizing  that  personality  should  always  be  subordinated  to 
principle  and  dignity,  I  tender  to  you  the  best  I  can  give  from 
this  place,  the  offering  of  sincere  and  hearty  thanks. 

Mr.  Bowers  moved  to  correct  the  Journal  of  date  July  tenth, 
page  350,  by  changing  the  word  "printed"  in  Mr.  Kerwin's 
resolution,  to  "  printer." 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  presented  a  communication  from  the  president 
of  the  Bank  for  Savings  of  New  York,  relative  to  unclaimed 
deposits . 

Referred  to  the  Committee  on  Banking. 


344  JOURNAL  OF  THE 

Also,  petitions  in  favor  of  civil  service. 
Referred  to  the  Committee  on  Civil  Service. 

Also,  memorial  from  the  Manhattan  Single  Tax  Club. 
Referred  to  the  Committee  on  State  Finances  and  Taxation. 

Mr.  McDonough  presented  a  petition  asking  for  the  State 
inspection  of  certain  religious  institutions. 

Referred  to  the  Committee  on  Charities. 

Mr.  Putnam  presented  a  petition  in  favor  of  civil  service. 
Referred  to  the  Committee  on  Civil  Service. 

Mr.  Hill  presented  the  petition  of  certain  Collegiate  Alumnae 
asking  the  divorce  of  the  public  school  system  from  politics. 
Referred  to  the  Committee  on  Education. 

Mr.  Springweiler  presented  the  memorial  of  75,000  wage- 
workers  of  the  State  in  favor  of  the  proposed  anti-conspiracy 
amendments  to  the  Constitution . 

Referred  to  the  Committee  on  Industrial  Interests. 

354. — Mr.  Pratt,  by  unanimous  consent  (by  request),  presented 
a  proposed  amendment  to  article  6,  section  18  of  the  Constitution, 
relating  to  the  election  of  justices  of  the  peace  and  other  inferior 
judicial  officers. 

Referred  to  the  Committee  on  Judiciary. 

By  vote  of  the  Convention  Mr.  Cookinham  was  excused  from 
attendance  this  evening  and  Wednesday;  Mr.  Gilbert  for  to-day; 
Mr.  Peabody  during  his  illness,  and  Mr.  E.  A.  Brown,  for 
to-morrow. 

Mr.  President  presented  a  communication  from  the  Secretary 
of  State  in  response  to  the  resolution  of  Mr.  Van  Denbergh,  as 
reported  by  the  Judiciary  Committee,  relative  to  the  judges  of 
the  Court  of  Appeals  and  the  dates  of  their  appointment. 

Referred  to  the  Committee  on  Judiciary. 

Mr.  Marks  offered  a  resolution  in  words  following  : 

"Resolved,  That  amendment  No.  15,  as  amended  by  the  pro- 
poser, and  reported  upon  adversely  by  the  Judiciary  Committee, 
be  printed  and  placed  on  the  files  of  the  delegates." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  negative. 


CONSTITUTIONAL  CONVENTION.  345 

Mr.  Osborn  moved  that  the  Committee  on  Preamble  and  Bill 
of  Eights  be  discharged  from  the  consideration  of  proposed  con- 
stitutional amendment  No.  349,  introductory  No.  340,  and  that 
the  same  be  referred  to  the  Committee  on  Legislative  Powers 
and  Duties. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Van  Denbergh  moved  that  the  communication  from  the 
Secretary  of  State,  relating  to  the  judges  of  the  Court  of  Appeals 
and  the  date  of  their  appointment,  be  printed,  and  it  was  deter- 
mined in  the  affirmative.  (See  Document  No.  29.) 

Mr.  Boot,  from  the  Committee  on  Rules,  to  which  was  referred 
the  resolution  introduced  by  Mr.  Nichols,  June  22,  1894,  concern- 
ing adverse  reports  of  standing  committees,  reported  in  favor 
of  the  passage  of  the  same,  with  one  amendment,  so  as  to  read 
as  follows  : 

"Resolved,  That  whenever  a  committee  shall  have  acted 
adversely  on  any  proposed  amendment  to  the  Constitution,  such 
committee  need  not  report  such  adverse  determination,  unless 
requested,  in  writing,  by  the  member  introducing  such  amend- 
ment, so  to  do." 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Root,  from  the  Committee  on  Rules,  to  which  was  referred 
the  following  resolution  introduced  by  Mr.  Dickey,  July  12,  1894, 
relating  to  General  Orders,  reported  that,  in  the  opinion  of  the 
committee,  the  subject  is  sufficiently  covered  by  the  standing 
rules  in  which  they  deem  it  inexpedient  to  make  any  change 
at  the  present  time. 

Mr.  Root,  from  the  Committee  on  Rules,  to  which  was  referred 
the  resolution  introduced  by  Mr.  Barhite,  July  10,  1894,  requesting 
Committee  on  Rules  to  report  rule  concerning  printing  of  amend- 
ments to  proposed  amendments,  reported  adversely  thereto. 

On  motion  of  Mr.  Root,  said  resolution  was  recommitted  to  the 
Committee  on  Rules. 

Mr.  Francis  moved  that  the  Committee  on  Preamble  and  Bill 
of  Rights  be  discharged  from  the  further  consideration  of  pro- 
posed constitutional  amendment,  introductory  No.  264,  printed 


346  JOURNAL  OF  THE 

No.  266,  entitled  "  Proposed  constitutional  amendment  to  amend 
the  Constitution  by  adding  to  the  first  article  thereof  a  new 
section,  relating  to  the  punishment  of  inmates  of  prisons,  asy- 
lums and  alms-houses,"  and  that  the  same  be  referred  to  the 
Committee  on  State  Prisons. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  announced  the  special  order  being  the  report 
of  the  Judiciary  Committee  in  words  following  : 

"Mr.  Boot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introductory 
No.  76,  entitled  i  Proposed  constitutional  amendment  to  amend 
section  6  of  article  1  of  the  Constitution,  in  reference  to  the 
abolition  of  capital  punishment  and  discharge  of  persons  impris- 
oned after  indictment  and  awaiting  trial  ten  months,'  respect- 
fully reports  that,  in  the  judgment  of  the  committee,  no  amend- 
ment should  be  made  to  the  provisions  of  the  existing  Constitu 
tion  relating  to  that  subject." 

Debate  being  had  thereon,  Mr.  President  put  the  question  on 
the  'adoption  of  said  report,  and  it  was  determined  in  the 
affirmative. 

Also,  the  report  of  the  Judiciary  Committee  in  words  following  : 

"Mr.  Boot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introduced  by 
Mr.  J.  I.  Greene,  introductory  No.  196,  entitled  '  Proposed  con- 
stitutional amendment  to  amend  section  3  of  article  15  of  the 
Constitution,'  reported  adversely  thereto." 

Debate  being  had  thereon,  Mr.  President  put  the  question  on  the 
adoption  of  said  report,  and  it  was  determined  in  the  affirmative. 

Also,  the  report  of  the  Committee  on  Judiciary,  in  words 
following  : 

"Mr.  Root,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment,  introductory 
No.  213,  entitled  '  Proposed  constitutional  amendment  to  amend 
article  6  of  the  Constitution,  being  the  judiciary  article,  by 
adding  a  new  section  thereto,'  reported  adversely  thereto." 


CONSTITUTIONAL  CONVENTION.  347 

The  question  being  on  the  adoption  of  said  report,  Mr.  Titus 
offered  the  following  resolution: 

Resolved,  That  the  proposed  constitutional  amendment, 
printed  No.  215,  introductory  No.  213,  to  amend  article  6  of  the 
Constitution,  being  the  judiciary  article,  by  adding  a  new  section 
thereto,  be  recommitted  to  the  Committee  on  Judiciary,  with 
instructions  to  investigate  and  consider  whether  said  amendment 
should  not  be  so  altered  as  to  give  the  Legislature  power  to 
create  such  a  court  whenever  they  deem  the  public  needs 
require  it;  and  to  report  to  this  Convention  with  all  convenient 
speed. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  negative. 

Mr.  Titus  moved  to  lay  the  report  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  the  report  of 
the  Judiciary  Committee,  and  it  was  determined  in  the  affirmative. 

Mr.  President  announced  the  order  of  business  "General 
Orders." 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  W.  H.  Steele,  from  said  com- 
mittee, reported  as  follows  : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment  No.  304,  introductory  No.  1), 
entitled  "Proposed  constitutional  amendment  to  amend  section 
7  of  article  7  of  the  Constitution,  entitled  'Salt  Springs,' "  report 
progress  in  the  same,  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

Mr.  Platzek  moved  that  said  proposed  amendment  to  the  Con- 
stitution, together  with  the  amendments  proposed  in  Committee 
of  the  Whole,  be  printed,  and  it  was  determined  in  the  affirmative. 

Mr.  Pratt  moved  that  the  Convention  adjourn . 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 


348  JOURNAL  OF  THE 

Ayes  —  Messrs.  Abbott,  Allaben,  Barhite,  Barrow,  Campbell, 
Cookinham,  Countryman,  Davies,  J.  C.;  Deady,  Durfee,  Faber, 
Francis,  Frank,  Andrew;  Gilleran,  Smith,  Wiggins — 16. 

Noes  —  Messrs.  Alvord,  Arnold,  Becker,  Blake,  Bowers,  Brown, 
E.  A.;  Brown,  E.  R.;  Cady,  Carter,  Cassidy,  Ohipp,  Jr.;  Church, 
Clark,  G.  W.;  Clark,  H.  A.;  Cochran,  Coleman,  Cornwell,  Crosby, 
Curran,  Danforth,  Davenport,  Davis,  G.  A.;  Dean,  Deyo,  Dickey, 
Doty,  Durnin,  Emmet,  Fields,  Floyd,  Foote,  Frank,  Augustus; 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Giergerich,  Goeller, 
Green,  A.  H.;  Green,  J.  I.;  Hamlin,  Hawley,  Hecker,  Hedges,  Herz- 
berg,  A.;  Hill,  Hirschberg,  M.  H.;  Holcomb,  Holls,  Hotchkiss,  Hot- 
tenroth,  Jacobs,  Johnson,  I.  Sam;  Johnston,  J.;  Kellogg,  Kerwin, 
Kimmey,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln,  Lyon,  Manley, 
Mantanye,  Marks,  Marshall,  McArthur,  McCurdy,  Mclntyre, 
McKinstry,  Mclaughlin,  C.  B.;  McLaughlin,  J.  W.;  Mereness, 
Meyenborg,  Moore,  Morton,  Mullen,  Nichols,  W.  H.;  Nicoll,  De  L.; 
O'Brien,  Ohmeis,  Osborn,  Parker,  Parkhurst,  Peck,  Phipps, 
Platzek,  Pool,  Porter,  Powell,  Pratt,  Putnam,  Redman,  Biggs, 
Roche,  Roderick,  Rogers,  Root,  Rowley,  Sandford,  Schumaker, 
Speer,  Spencer,  Springweiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm, 
Sullivan,  T.  A.;  Sullivan,  W.;  Tekulsky,  Tibbetts,  Titus,  Towns, 
Truax,  C.  H. ;  Truax,  C.  S. ;  Tucker,  Turner,  Van  Denbergh,  Vedder, 
Veeder,  Vogt,  Wellington,  Whitmyer,  Williams,  Woodward, 
President  — 126. 

Mr.  Hawley  moved  that  the  Convention  take  a  recess  until 
eight  o'clock. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

And,  at  12.25,  the  Convention  took"  a  recess. 


CONSTITUTIONAL  CONVENTION.  349 


EVENING    SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met. 

Mr.  President  announced  the  special  order  being  the  report 
of  the  Judiciary  Committee,  in  words  following  : 

The  Committee  on  Judiciary,  to  which  have  been  referred  the 
proposed  constitutional  amendments,  Nos.  7,  17,  28,  36,  53,  75 
and  185  relating  to  the  subject  of  trial  by  jury,  respectfully 
report,  four  members  dissenting,  that  it  has  fully  considered  the 
proposed  amendments,  and  that,  in  the  judgment  of  the  com- 
mittee, no  amendment  should  be  made  to  the  provisions  of  the 
existing  Constitution  relating  to  that  subject. 

The  amendments  are  as  follows  : 

No.  7,  entitled  "  Proposed  constitutional  amendment  to  amend 
article  1  of  the  Constitution,  providing  that  jurors  shall  be  six 
in  number  instead  of  common-law  jury  of  twelve." 

No.  17,  entitled  "  Proposed  constitutional  amendment  to  amend 
section  2  of  article  1  of  the  Constitution,  providing  for  drawing 
of  additional  jurors  in  civil  and  criminal  cases." 

No.  28,  entitled  "  Proposed  constitutional  amendment  to  amend 
section  2  of  article  1  of  the  Constitution,  so  as  to  permit  three- 
fourths  of  jurors  in  civil  actions  to  render  a  verdict." 

No.  36,  entitled  "  Proposed  constitutional  amendment  to  amend 
section  2  of  article  1  of  the  Constitution,  in  regard  to  judgments 
on  appeal,  protection  of  witnesses,"  etc. 

No.  53,  entitled  "Proposed  constitutional  amendment  to  amen^l 
section  2  of  article  1  of  the  Constitution,  relating  to  trials 
by  jury." 

No.  75,  entitled  "  Proposed  constitutional  amendment  to  amend 
section  2  of  article  1  of  the  Constitution,  in  reference  to  the  pro 
cedure  in  case  of  death  or  disability  of  one  or  more  jurors  in 
criminal  cases." 

No.  1 85,  entitled  "  Proposed  constitutional  amendment  to  amend 
section  2  of  article  1  of  the  Constitution,  relating  •  to  trials 

by  jury." 

After  debate  by  Mr.  Platzek,  Mr.  Dickey,  Mr.  Marks,  Mr.  C.  H. 
Trnax,  Mr.  J.  I.  Green,  Mr.  E.  A.  Brown,  Mr.  Lincoln,  Mr.  Good- 


350  JOURNAL  OF  THE 

elle,  Mr.  Countryman  and  Mr.  Barhite,  Mr.  Barhite  moved  that 
the  report  of  the  Committee  on  Judiciary  be  recommitted  to  that 
committee,  with  instructions  to  report  separately  from  the  others 
those  propositions  which  relate  exclusively  to  the  number  of 
jurors  which  shall  be  required  to  render  a  verdict  in  a  civil  action. 

Mr.  Dean  moved  the  previous  question  on  the  motion  of  Mr. 
Barhite. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Barhite, 
and  it  was  determined  in  the  negative. 

Mr.  Goodelle  moved  that  the  report  be  recommitted  to  the 
Committee  on  Judiciary  with  instructions  to  report  on  each  pro- 
posed constitutional  amendment  separately. 

Mr.  Hamlin  moved  the  previous  question  on  the  motion  of  Mr. 
Goodelle. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Hamlin, 
and  it  was  determined  in  the  negative. 

Debate  being  had  thereon,  Mr.  Hotchkiss  moved  the  previous 
question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  then  put  the  question  on  the  adoption  of  the 
report  of  the  committee,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Allaben,  Alvord,  Banks,  Barhite,  Bar- 
num,  Barrow,  Becker,  Bigelow,  Bowers,  Brown,  E.  K. ;  Bush,  Cady, 
Campbell,  Cassidy,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Cochran, 
Coleman,  Danf  orth,  Davenport,  Davies,  J.  C. ;  Deady,  Dean,  Deyo, 
Doty,  Durnin,  Emmet,  Faber,  Floyd,  Frank,  Andrew;  Frank. 
Augustus;  Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Goeller,  Green. 
A.  H.;  Griswold,  Hamlin,  Hawley,  Hecker,  Hill,  Hirschberg,  M.  H. : 
Holcomb,  Hotchkiss,  Hottenroth,  Jacobs,  Jenks,  Johnston,  K.  M.; 
Kellogg,  Lester,  Lewis,  C.  H.;  Lyon,  Manley,  Marshall,  McArthur, 
McClure,  McCurdy,  Mclntyre,  McLaughlin,  C.  B.;  McLaughlin, 
J.  W. ;  Mereness,  Meyenborg.  Moore,  Morton,  Mullen,  Mulqueen, 
Nichols,  W.  H.;  Nicoll,  De  L.;  O'Brien,  Osborn,  Parkhurst,  Peck, 
Phipps,  Porter,  Pratt,  Redman,  Roderick,  Rogers,  Root,  Spencer, 
Springweiler,  Sullivan,  W. ;  Truax,  C.  H. ;  Vogt,  Wellington,  Wig- 
gins, Williams,  Woodward,  President  —  91. 


CONSTITUTIONAL  CONVENTION.  351 

Noes  —  Messrs.  Arnold,  Baker,  Blake,  Brown,  E.  A.;  Carter, 
Chipp>  Jr.;  Country  man,  Crosby,  Curran,  Davis,  G.  A.;  Dickey, 
Durfee,  Fields,  Forbes,  Gibney,  Giegerich,  Gilbert,  Gilleran, 
Goodelle,  Green,  J.  I.;  Hedges,  Johnson,  I.  Sarn;  Kerwin,  Lauter- 
bach,  Lincoln,  Mantanye,  Marks,  McDonough,  McKinstry,  Platzek, 
Pool,  Powell,  Riggs,  Sandford,  Steele,  A.  B.;  Steele,  W.  H.;  Sulli- 
van, T.  A.;  Tekulsky,  Titus,  Turner,  Whitmyer  —  41. 

On  motion  of  Mr.  Barhite,  at  11.14,  the  Convention  adjourned. 


Wednesday,  July  18,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  R.  H.  Shirley. 

The  Journal  of  Tuesday,  July  seventeenth,  was  read  and 
approved . 

By  vote  of  the  Convention,  the  following  members  were 
excused  :  Mr.  M.  E.  Lewis,  for  to-day;  Mr.  Phipps,  for  to-day 
and  to-morrow;  Messrs,  Davis,  Herzberg,  Davies  and  Roderick, 
for  Thursday  and  Friday ;  Messrs.  Deyo,  Roche,  McClure,  Lauter- 
luich,  Durnin,  Meyenborg  and  Cornwell,  for  Friday;  Messrs.  Deady 
and  Towns,  for  the  rest  of  the  week;  Mr.  Smith,  for  Friday  and 
the  Tuesday  following. 

Mr.  J.  I.  Green  offered  a  resolution  in  words  following  : 

Resolved,  That  all  delegates  desiring  to  be  excused  from  attend- 
ance, hand  their  names  to  the  Secretary  with  the  days  of  attend- 
ance for  which  they  desire  to  be  excused,  and  that  the  same  be 
voted  on  as  a  whole  immediately  before  adjournment. 

Mr.  Alvord  moved  to  lay  said  resolution  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  presented  a  memorial  in  favor  of  woman 
suffrage. 

Referred  to  the  Committee  on  Suffrage. 

Also,  a  petition  asking  an  amendment  to  the  Constitution  pro 
hibiting  sectarian  appropriations. 
Referred  to  the  Committee  on  Charities. 
Also,  communications  relative  to  industrial  interests. 
Referred  to  the  Committee  on  Industrial  Interests . 


352  JOURNAL  OF  THE 

Mr.  Bigelow  presented  the  memorial  of  Charles  Blauvelt,  rela- 
tive to  reform  in  the  method  of  selecting  jurors. 
Referred  to  the  Committee  on  Judiciary. 

Mr.  Cornwell  presented  memorials  and  petitions  relative  to 
sectarian  appropriations. 
Referred  to  the  Committee  on  Charities. 

Mr.  I.  S.  Johnson  presented  a  petition  in  favor  of  woman 
suffrage. 

Referred  to  the  Committee  on  Suffrage. 
Mr.  Becker  presented  a  petition  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 
Mr.  Tibbetts  presented  a  petition  on  the  same  subject. 
Referred  to  the  Committee  on  Suffrage. 

355. —  Mr.  A.  H.  Green  presented  a  proposed  amendment  to 
the  Constitution  relative  to  the  election  and  term  of  office  of 
corporation  counsel. 

Referred  to  special  committee.  • 

Mr.  Crosby  offered  a  resolution  in  words  following: 

Resolved,  That    the    Secretary    of    State  be    and  is  hereby 

requested  to  promptly  furnish  to  this  Convention  the  following 

mentioned  information,  viz.: 

1 .  The  aggregate  number  of  acres  of  land  originally  conveyed  to  the 
State  of  New  York,  known  as  the  Onondaga  Salt  Springs. 

2.  The  aggregate  number  of  acres  of  land  since,  purchased  by 
the  State  with  moneys  arising  from  the  sale  of  such  lands. 

3.  The  aggregate  number  of  acres',  known  as  "  Salt  Springs  " 
now  belonging  to  the  State. 

4.  The  aggregate  number  of  acres  of  such  lands  now  leased 
by  the  State  to  different  persons  or  corporations. 

5.  The  general  terms  and  conditions  of  the  outstanding  leases 
of  said  lands. 

By  unanimous  consent,  Mr.  President  put  the  question  on  said 
resolution,  and  it  was  determined  in  the  amrmaitve. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Rights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Marks,  introductory  No.  15,  entitled 


CONSTITUTIONAL  CONVENTION.  353 

"  Proposed  constitutional  amendment,  to  amend  section  7 
of  article  1,  referring  to  taking  private  property  for  public  use," 
reported  adversely  by  request  of  the  introducer. 

Mr.  Marks  moved  that  said  report  be  made-  a  special  order  for 
to-morrow  morning. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative,  two-thirds  of  all  the  members  elected 
to  the  Convention  not  voting  in  favor  thereof. 

Debate  being  had  thereon,  Mr.  Alvord  moved  the  previous 
question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Alvord,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  piu  the  question  on  agreeing  to  the  report  of 
the  committee,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Abbott,  Acker,  Ackerly,  Allaben,  Alvord,  Arnold, 
Baker,  Banks,  Barhite,  Barnum,  Becker,  Bigelow,  Bowers,  Brown, 
E.  R;  Bush,  Cady,  Cassidy,  Chipp,  Jr.;  Church,  Clark,  G.  W.; 
Clark,  H.  A.;  Crosby,  Danforth,  Davenport,  Davies,  J.  C.;  Deady, 
Dean,  Dickey,  Dot}',  Durfee,  Fields,  Floyd,  Foote,  Francis,  Frank, 
Andrew;  Frank,  Augustus;  Eraser,  Fuller,  C.  A.;  Fuller,  O.  A.; 
Galinger,  Gibney,  Gilbert,  Goodelle,  Green,  A.  H.;  Hamlin,  Haw- 
ley,  Hecker,  Hedges  Hirschberg,  M.  H.;  Holcomb,  Holls,  John- 
son, J.;  Kellogg,  Kimmey,  Lester,  Lewis,  C.  H.;  Lincoln,  Lyon, 
Manley,  Marshall,  Maybee,  McClure,  McCurdy,  Mclntyre,  McKins- 
try,  McMillan,  Mereness,  Nichols,  W.  H.;  Osborn,  Parker,  Park- 
hurst,  Parmenter,  Peck,  Pratt,  Putnam,  Redman,  Roche,  Root, 
Rowley,  Sandford,  Schumaker,  Spencer,  Steele,  A.  B.;  Steel  e, 
W.  H.;  Tekulsky,  Tibbetts,  Truax,  C.  H.;  Trnax,  C.  S.;  Van  Den- 
bergh,  Vedder,  Vogt,  Wellington,  President  —  93. 

Noes  —  Messrs.  Barrow,  Blake,  Burr,  Campbell,  Carter,  Cochran, 
Coleman,  Corn  well,  Curran,  Davis,  G.  A.;  Durnin,  Emmet,  Faber, 
Farrell,  Fitzgerald,  T.  W.;  Forbes,  Giegerich,  Gilleran,  Goeller, 
Green,  J.  I.;  Griswold,  Herzberg,  A.;  Hill,  Hottenroth,  Jacobs, 
Jenks,  Johnson,  I.  Sam;  Johnston,  R.  M.;  Kerwin,  Mantanye, 
Marks,  McArthur,  McLaughlin,  C.  B.;  Meyenborg,  Moore,  Morton, 
Mullen,  Mulqueen,  Nicoll,  De  L.;  O'Brien,  Ohmeis,  Platzek,  Porter, 
Powell,  Roderick,  Smith,  Springweiler,  Storm,  Sullivan,  T.  A.; 
Sullivan,  W.;  Titus,  Tucker,  Turner,  Veeder,  Whitmyer,  Wiggins, 
Williams,  Woodward  —  58. 
23 


354  JOURNAL  OF  THE 

Wker  the  name  of  Mr.  Lauterbach  was  called,  he  asked  to  "be 
and  was  excused  from  voting. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  recommitted,  retaining  its  place  on 
General  Orders,  the  proposed  constitutional  amendment,  intro- 
duced by  Mr.  Vedder,  introductory  No.  73,  entitled  "  Proposed 
constitutional  amendment,  to  amend  section  15  of  article  3,  so  as 
to  secure  greater  publicity  and  deliberation  in  the  passage  of  all 
bills,"  reported  in  favor  of  the  passage  of  the  same,  with  some 
amendments,  which  report  was  agreed  to  and  said  constitutional 
amendment  restored  to  its  place  on  General  Orders. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  wrhich  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Mereness,  introductory  No.  49, 
entitled  "  Proposed  constitutional  amendment  to  amend  article  3 
of  the  Constitution,  relating  to  public  officers/'  reported  the  same 
to  the  Convention,  with  some  amendments,  for  the  purpose  of 
printing  and  when  printed  to  be  recommitted  to  the  committee. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Cady,  from  the  Committee  on  Canals,  to  which  was  referred 
the  resolution  introduced  by  Mr.  Hottenroth,  asking  for  informa- 
tion of  State  Engineer  and  Superintendent  of  Public  Works, 
relating  to  the  canals,  reported  In  favor  of  the  passage  of  the 
same  with  some  amendments,  and  reeom mended  its  adoption  to 
read  as  follows: 

Resolved,  That  the  Secretary  request  the  State  Engineer  and 
the  Superintendent  of  Public  Works  to  obtain  and  report  to  the 
Convention,  as  sopn  as  possible,  and  not  later  than  August  first, 
approximate  detailed  estimates  of  the  cost  of  improving  tlie 
various  canals  of  this  State,  specifying  each  separately. 

First  —  Of  the  probable  cost  of  deepening  the  canals  to  a 
depth  of  nine  feet,  with  or  without  raising  the  hanks  or  raising 
or  lowering  the  reservoirs  or  conduits  thereof,  and  also  the 
probable  extent  of  the  land  damages  that  might  result  there- 
from. 

Second  —  Of  the  probable  cost  of  cleaning  the  canals  so  as  to 
give  full  use  for  navigation  to  the  depth  of  seven  feet. 

Third  —  Of  the  probable  cost  of  lengthening  all  locks,  not 
already  lengthened,  to  a  uniform  length. 


CONSTITUTIONAL  CONVENTION.  355 

Fourth  —  Of  the  probable  cost  of  building  retaining  walls 
wherever  necessary  for  the  most  eifective  service;  and  be  it 
further, 

Resolved,  That  the  said  officers  ascertain  and  report,  as  soon 
as  practicable,  the  probable  cost  of  constructing  a  suitable  ship 
canal  in  place  of  and  along  the  route  of  the  present  Erie  canal, 
together  with  an  estimate  of  the  probable  extent  of  land  or 
other  damages  th-it  would  result  from  such  construction. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Koot,  from  the  Committee  on  Rules,  to  which  was  referred 
the  resolution  offered  by  Mr.  Moore,  in  words  following: 

"  Resolved,  That  on  the  coming  in  of  a  final  report  of  any  com- 
mittee, if  such  report  be  not  unanimous,  a  minority  report  shall 
be  always  in  order  at  any  time  before  the  final  disposition  of  such 
report  by  the  Convention,  or  at  such  other  time  as  the  Conven- 
tion may  decide,"  reported  in  favor  of  the  adoption  of  the  same 
amended  to  read  as  follows  : 

"Resolved,  That  a  minority  report  may  be  made  at  any  time 
before  the  subject  on  which  report  has  been  made  by  a  standing 
or  select  committee,  has  been  finally  disposed  of  by  the  Con- 
vention." 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Root,  also,  from  the  Committee  on  Rules,  reported  favor- 
ably the  following  resolution  offered  by  Mr.  I.  S.  Johnson : 

"Resolved,  That  hereafter  the  Convention  may  dispense  with 
the  reading  of  the  Journal,  and  that  amendments  thereto  may  be 
made  on  the  legislative  day  following  that  on  which  the  printed 
Journal  is  placed  on  the  desks  of  the  members." 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Root,  from  the  Committee  on  Rules,  to  which  was  referred 
the  resolution  introduced  by  Mr.  Moore,  relating  to  the  final 
reports  of  all  standing  or  special  committees,  reported  adversely 
thereto,  which  report  was  agreed  to. 

The  Committee  on  Rules,  in  obedience  to  a  resolution  offered 
by  Mr.  Barhite,  and  passed  July  10,  1894,  requiring  it  to  report  a 
rule  providing  for  the  printing  of  certain  substitutes  to*  proposed 


356  JOURNAL  OF  THE 

amendments,  or  amendments  to  proposed  amendments,  do  hereby 
report  the  following  rule  as  calculated  to  effect  that  purpose;  but 
the  committee  are  unanimously  of  the  opinion  that  it  is  not 
expedient  to  adopt  the  same,  the  rule  proposed  being  in  words 
following : 

Rule — .  Substitutes  to  proposed  amendments  to  the  Constitu- 
tion, or  amendments  to  proposed  amendments,  exceeding  twenty- 
five  words  in  length,  which  may  be  offered  in  Committee  of  the 
Whole  or  in  the  Convention,  shall  be  printed  and  placed  on  the 
files  of  the  members. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Bowers  moved  to  reconsider  the  vote  by  which  the  adverse 

report  of  the  committee  on  Preamble  and  Bill  of  Rights  on  the 
proposed  amendment  to  the  Constitution  introduced  by  Mr. 
Marks,  No.  15,  entitled  '^Proposed  "constitutional  amendment, 
to  amend  section  7  of  article  1,  referring  to  taking  private  prop- 
erty for  public  use,"  was  agreed  to,  and  that  that  motion  lay  on 
the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  presented  a  communication  from  the  Secretary 
of  State  in  words  following: 

OFFICE  OF  THE  SECRETARY  OF  STATE,  / 
ALBANY.  July  17,  1894.  \ 

Hon.   Charles   E.   Fitch,    Secretary,    Constitutional    Convention, 
Albany,  N.  Y.: 

Dear  Sir.  —  Your  communication  of  the  13th  inst.  is  received, 
in  which  is  embodied  a  resolution  of  the  Convention  requesting 
certain  information  in  relation  to  railroads  incorporated  in  this 
State,  but  which  have  not  been  constructed ;  and  also  relative  to 
railroads  constructed,  but  which  are  not  operated. 

In  reply,  we  beg  leave  to  state,  that  this  office  is  not  in  pqsses 
sion  of  the  desired  information. 

Tours  respectfully, 

ANDREW  DAVIDSON, 

Deputy  Secretary  of  State. 


CONSTITUTIONAL  CONVENTION.  357 

Mr.  President  presented  a  communication  and  accompanying- 
documents  from  the  Board  of  Railroad  Commissioners,  in  response 
to  the  resolution  of  Mr.  Hottenroth,  asking  for  certain  informa- 
tion regarding  the  railroads  of  the  State. 

Referred  to  the  Committee  on  Railroads. 

Mr.  President  announced  the  General  Orders. 

The  House  went  into  Committee  of  the  Whole,  and,  after  some 
time  spent  therein,  Mr.  Bush,  from  said  committee,  reported: 

The  Committee  of  the  Whole  having  had  under  consideration 
the  proposed  constitutional  amendment  No.  339,  introductory  No. 
(>,  entitled  "  Proposed  constitutional  amendment  to  amend  article 
10  of  the  Constitution  to  do  away  with  the  office  of  coroner  as  a 
constitutional  office,"  have  gone  through  with  the  same,  have 
made  some  amendments  thereto,  and  instructed  the  chairman  to 
report  the  same  to  the  Convention,  and  recommend  its  passage. 

The  question  being  on  agreeing  to  said  report,  Mr.  Becker 
offered  the  following  resolution: 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the 
office  of  coroner  be  abolished,  and  that  the  proposed  amendment, 
introductory  No.  6,  be  referred  to  the  Judiciary  Committee  with 
directions  to  report  whether  any  legal  difficulties  exist  concern- 
ing the  abolition  of  this  office,  which  should  be  avoided  in  the 
proposed  amendment;  and,  if  so,  that  said  committee  draft  a 
proper  amendment  for  that  purpose. 

Pending  the  question  on  the  resolution  offered  by  Mr.  Becker, 
Mr.  Maybee  moved  that  the  Convention  now  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

And,  at  1.15,  the  Convention  adjourned. 


358  JOURNAL  OF  THE 

Thursday,  July  19,  1894. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  G.  W.  Hardendorf. 

On  motion  of  Mr.  I.  S.  Johnson,  the  reading  of  the  Journal  of 
Wednesday,  July  eighteenth,  was  dispensed  with. 

Mr.  President  presented  a  communication  from  Harvey  W. 
Putnam  and  Thomas  A.  -Sullivan,  relative  to  their  claims  for 

expenses  incurred  iii  their  contests  for  seats  in  the  Constitutional 
Convention. 

Mr.  Holls  moved  that  said  communication  and  claim  be  referred 
to  the  Committee  on  Privileges  and  Elections  and  Contingent 
Expenses,  jointly. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

By  vote  of  the  Convention  the  following  members  were  excused 
from  attendance  :  Messrs.  Jenks,  Chipp,  Peabody,  Parmenter  and 
McMillan,  for  Friday;  Messrs.  Wiggins  and  Kellogg,  for  Friday 
and  the  Tuesday  following;  Mr.  E.  R.  Brown,  for  all  of  next 
week. 

On  motion  of  Mr.  Hotchkiss,  the  privilege  of  the  floor  was 
extended  to  the  Hon.  Andrew  S.  Draper,  former  Superintendent 
of  Public  Instruction. 

On  motion  of  Mr.  Hill,  the  privilege  of  the  floor  was  extended 
to  the  Hon.  Mr.  Close,  of  Buffalo. 

On  motion  of  Mr.  Cornwell,  the  privilege  of  the  floor  was 
extended  to  Senator  Charles  T.  Saxton. 

Under  Rule  22,  Mr.  President  announced  General  Orders. 

Mr.  President  then  stated  the  pending  question  to  be  upon 
agreeing  to  the  report  of  the  Committee  of  the  Whole,  in  words 
following  : 

The  Committee  of  the  Whole  have  had  under  consideration 

the  proposed  constitutional  amendment  No.  339,  introductory 
No.  6,  entitled  "  Proposed  constitutional  amendment  to 
amend  article  10  of  the  Constitution,  to  do  away 
with  the  office  of  coroner  as  a  constitutional  office," 
have  gone  through  with  the  same,  have  made  some  amendments 


CONSTITUTIONAL  CONVENTION.  359 

thereto,  and  instructed  the  chairman  to  report  the  same  to  the 
Convention,  and  recommend  its  passage. 

And,  in  connection  therewith,  the  resolution  offered  by 
MT.  Becker,  in  words  following: 

"Resolved,  That  it  is  the  sense  of  this  Convention  that  the 
office  of  coroner  should  be  abolished  and  that  the  proposed  constitu- 
tional amendment,  introductory  No.  6,  be  referred  to  the  Judiciary 
Committee,  with  directions  to  report  whether  any  legal  difficulties 
exist  concerning  the  abolition  of  this  office  which  should  be 
avoided  in  the  proposed  amendment,  and,  if  so,  that  said  commit- 
tee draft  a  proper  amendment  for  that  purpose." 

Mr.  Becker  withdrew  his  resolution. 

Mr.  President  put  the  question  on  agreeing  to  the  report  of 
the  Committee  of  the  Whole,  and  it  was  determined  in  the 
affirmative. 

Mr.  Mantanye  moved  that  said  constitutional  amendment  be 
referred  back  to  the  Committee  on  County,  Town  and  Village 
Officers. 

Mr.  Dean  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Dean,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Man- 
tanye, and  it  was  determined  in  the  negative. 

And  said  constitutional  amendment  was  referred  to  the  Com- 
mittee on  Revision  and  Engrossment. 

Mr.  Vedder  moved  that  General  Order  No.  3,  printed  No.  11, 
entitled  "Proposed  constitutional  amendment  to  amend  section 
16  of  article  3  of  the  Constitution  of  the  State  of  New  York,  relat- 
ing to  legislation,"  be  referred  back  to  the  Committee  on  Legis- 
lative Powers  and  Duties,  retaining  its  place  on  General  Orders. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder, 
and  it  was  determined  in  the  affirmative. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Vedder,  from  said  committee, 
reported,  in  words  following  : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment  No.  202,  introductory  No.  99, 
entitled  "Proposed  constitutional  amendment  to  amend  article 


360  JOURNAL  OF  THE 

3,  by  the  addition  of  a  new  section  prohibiting  the  Legislature 
or  any  division  of  the  State  from  granting  pensions  to  any  civil 
officers  or  employes,  not,  however,  including  existing  police  and 
fire  department  pension  funds,"  reported  progress  in  same,  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Roche  moved  that  said  proposed  amendment  be  printed, 
together  with  the  amendments  proposed  in  Committee  of  the 
.Whole,  and  that  the  same  be  recommitted  to  the  Committee  on 
Legislative  Powers  and  Duties,  retaining  its  place  on  General 
Orders. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

By  unanimous  consent,  Mr.  A.  H.  Green  offered  a  resolution 
in  words  following  : 

Resolved,  That  the  State  Railroad  Commission  be  requested 
to  furnish  this  Convention  with  the  following  information 
respecting  each  street  and  elevated  railroad  in  the  cities  of  New 
York  and  Brooklyn,  viz.  :  Name  of  road;  capital  stock  outstand-  • 
ing;  actual  cash  received  for  capital  stock.  Bonds  outstanding; 
actual  cash  received  for  bonds.  Cost  of  road  and  equipment. 
Taxes  paid  during  last  fiscal  year.  Amount  paid  on  account  of 
change  of  motive  power.  Route  of  road. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

By  unanimous  consent,  Mr.  McMillan  moved  that  the  Committee 
on  Governor  and^  Other  State  Officers  be  discharged  from  the 
further  consideration  of  proposed  amendment  No.  305,  and  that 
the  same  be  referred  to  .the  Committee  on  County,  Town  and  Vil- 
lage Officers. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

By  unanimous  consent,  Mr.  McLaughlin,  from  the  Committee 
on  County,  Town  and  Village  Government,  to  which  was  referred 
the  proposed  constitutional  amendment  introduced  by  Mr.  Doty, 
introductory  No.  168,  entitled  "Proposed  constitutional  amend- 
ment to  amend  section  11  of  article  8  of  the  Constitution,  relative 
to  the  giving  or  loaning  of  moneys  or  credit  by  counties,  cities,  ' 
towns  or  villages,"  reported  that  it  has  had  the  same  under  con- 


1 

CONSTITUTIONAL  CONVENTION.  361 

sideration  and  asks  to  be  discharged,  and  suggests  that  this  pro- 
posed constitutional  amendment  be  referred  to  the  Committee 
on  Charities,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  discharging  said  committee 
and  so  referring  said  amendment,  and  it  was  determined  in  the 
affirmative. 

By  unanimous  consent,  Mr.  Becker,  on  behalf  of  the  Commit- 
tee on  Legislative  Organization,  made  the  following  report  : 

The  Committee  on  Legislative  Organization  report  the  follow- 
ing resolution,  and  ask  its  adoption  : 

Resolved,  That  the  State  Engineer  and  Surveyor  be  requested 
to  provide  for  the  use  of  the  Committee  on  Legislative  Organiza- 
tion and  of  the  Convention,  a  sufficient  number  of  photographic 
or  process  copies  of  the  large  i-:aps  already  supplied  to  the  said 
committee,  and  that  the  expense  of  said  maps  and  copies  lie  paid 
as  a  contingent  expense  of  the  Convention. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

By  unanimous  consent,  petitions  were  presented  iu  favor  of 
female  suffrage  by  the  following  members,  viz. :  Mr.  McKinstry, 
Mr.  Mullen,  .Mr.  Mclntyre,  Mr.  Parkhurat,  Mr.  •  Titus  and  Mr. 
Fields. 

Referred  to  the  Committee  on  Suffrage. 

By  unanimous    consent,    Mr.    Cornwell    presented    memorials 
against  sectarian  appropriations. 
Referred  to  the  Committee  on  Charities. 

By  unanimous  consent  Mr.  Bigelow  presented  a  memorial  of 
the  State  Grange  of  the  State  of  New  York,  in  favor  of  female 
suffrage. 

Referred  to  the  Committee  on  Suffrage. 

350. — By  unanimous  consent,  Mr.  Marks  presented  a  proposed 
amendment  to  article  1,  section  7  of  the  Constitution,  relating  to 
the  taking  of  private  property  for  public  use. 

Referred  to  Special  Committee. 

Mr.  Cookinham  offered  the  following  privileged  resolution  : 
Whereas,  It  was  resolved  by  the  Convention  on  July  eleventh, 
that  so  much  of  the  testimony  in  the  contested  election  case  in 


362  JOURNAL  OF  THE 

the  Sixth  -Senatorial  district  should  be  printed  as  was  designated 
by  the  Committee  on  Privileges  and  Elections,  and  that  such 
printing  should  be  done  within  five  days  from  the  delivery  of 
the  testimony  to  the  printer,  and  whereas,  said  testimony  is  not 
upon  the  files  of  the  members;  therfore, 

Resolved,  That  the  Committee  on  Printing  be  directed  to  inves- 
tigate and  report  forthwith  why  the  said  testimony  has  not  been 
printed  and  placed  on  the  files  of  the  members. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

On  motion  of  Mr.  Cassidy,  at  12.10,  the  Convention  adjourned. 


Friday,  July  20,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  A.  K.  Duff. 

On  motion  of  Mr.  Spencer,  the  reading  of  the  Journal  of  Thurs- 
day, July  nineteenth,  was  dispensed  with. 

Mr.  President  stated  that  he  desired  to  call  the  attention  of 
the  Convention  to  an  error  in  his  ruling  when  the  vote  on  the 
motion  to  adjourn  was  being  taken  by  a  rising  vote  yesterday. 
Mr.  Maybee  called  for  the  ayes  and  noes  and  was  ruled  out  of 
order  as  being  too  late.  He  desired  to  correct  that  ruling,  as  it 
is  never  too  late  to  call  for  the  ayes  and  noes  prior  to  the  announce- 
ment of  the  result  on  a  question. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance  :  Messrs.  Mullen,  Gilleran,  Blake,  Gibney,  H.  A. 
Clark  and  Andrew  Frank,  for  Tuesday;  Mr.  Goodelle  and  Mr. 
R.  M.  Johnston,  for  Tuesday  and  Wednesday;  Mr.  Campbell,  for 
all  of  next  week;  Mr.  Williams,  for  to-day,  and  Mr.  O.  A.  Fuller, 
for  to-day. 

Mr.  President  presented  a  communication  from  the  Board  of 
Railroad  Commissioners  containing  information  called  for  by  the 
resolution  of  Mr.  A.  H.  Green,  relating  to  street  and  surface 
railroads  in  the  cities  of  New  York  and  Brooklyn. 

Referred  to  the  Committee  on  Railroads. 

Mr.  Wellington  presented  a  petition  from  Madison  county  in 
favor  of  female  suffrage. 

Referred  to  the  Committee  on  Suffrage. 


CONSTITUTIONAL  CONVENTION.  363 

Mr.  Campbell  presented  a  petition  from  New  York  on  the  same 
subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Tucker  presented  a  memorial  from  the  New  York  State 
Grange  on  the  same  subject. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  McArthur  presented  a  memorial  against  the  traffic  in  intox- 
icating liquors. 

Referred  to  the  Committee  on  Powers  and  Duties  of  the 
Legislature. 

Mr.  Tucker  presented  the  petition  of  the  Socialist  Labor  Party, 
relative  to  the  gratuitous  and  non-sectarian  instruction  of  chil- 
dren of  school  age. 

Referred  to  the  Committee  on  Education;  also,  Powers  and 
Duties  of  the  Legislature. 

Mr.  Durf ee  presented  a  memorial  of  the  New  York  State  Grange 
in  favor  of  woman's  suffrage.  I 

Referred  to  the  Committee  on  Suffrage. 

On  motion  of  Mr.  Vedder,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Mr.  McKinstry,  of  Fredonia. 

Mr.  Bowers  offered  a  resolution  in  words  following  : 
Resolved,  That  the  previous  question,  motion  to  rise  and  report, 
or  other  motions  to  close  debate  on  the  report  of  a  standing  or 
select  committee,  shall  not  be  made  until  the  Committee  on  Rules, 
in  pursuance  of  Rule  56,  shall  have  fixed  a  time  for  debate  on 
such  report.  , 

Referred  to  the  Committee  on  Rules. 

Mr.  J.  I.  Green  called  up  the  resolution  offered  by  him,  as 
follows  : 

Resolved,  That  all  delegates  desiring  to  be  excused  from  attend- 
ance, hand  their  names  to  the  Secretary  with  the  days  of  attend- 
ance for  which  they  desire  to  be  excused,  and  that  the  same  be 
voted  on  as  a  whole  immediately  before  adjournment. 

Mr.  J.  I.  Green  moved  to  amend  by  inserting  after  the  word 
"  excused  "  the  following,  "  with  the  reasons  therefor." 

Mr.  Mulqueen  moved  to  lay  said  resolution  on  the  table. 


364  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mulqueen, 
and  it  was  determined  in  the  affirmative. 

Mr.  Blake  offered  a  resolution  in  words  following  : 
Resolved,   That  whenever  any   standing  or  select  committee 
shall  report  to  the  Convention  adversely  or  otherwise  upon  two 
or  more  proposed  amendments  on  subjects,  and  after  debate  upon 
such  report  the  Convention  shall  have  the  right  upon  the  request 
of  twenty  (20)  members,  to  take  a  separate  vote  upon  each  amend- 
ment or  subject  so  reported. 
Referred  to  the  Committee  on  Rules. 

Mr.  Maybee  offered  a  resolution  in  words  following  : 
"Resolved,  That  the  Committee  on  Printing  be  instructed  to 
ascertain  why  the  printed  debates  are  again  in  arrears  for  the 
entire  week,  and  if  any  method  can  be  devised  to  obtain  the 
printing  of  said  debates  in  time  to  be  of  some  practical  benefit 
to  this  Convention." 

Mr.  President  put  the  question  on  the  adoption  of  said  resolu- 
tion, and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  E.  R.  Brown: 

"Resolved,  That  the  subject  of  Congressional  apportionment 
in  the  State  be  referred  to  the  Committee  on  Legislative  Organiza- 
tion, with  directions  to  report  what,  if  any  constitutional  provis- 
ions in  relation  thereto,  should  be  proposed  by  this  Convention." 

357. — Mr.  Tucker  (by  request),  presented  a  proposed  amendment 
to  the  Constitution,  relative  to  public  schools. 
Referred  to  Select  Committee. 

358.— By  Mr.  H.  A.  Clark  : 

Proposed  amendment  to  article  1,  section  7  of  the  Constitution, 
relative  to  the  taking  of  private  property  for  public  use. 
Referred  to  Select  Committee. 


359.— By  Mr.  C.  H.  Truax  : 

A  proposed  amendment  to  article  1,  section  6  of  the  Consti 
tion,  relative  to  the  taking  of  private  property  for  public  use. 
Referred  to  Select  Committee. 


360.—  By  Mr.  Tucker  (by  request)  : 

A  proposed  amendment  to  article  8  of  the  Constitution,  rela 
to  State  or  municipal  public  works. 
Referred  to  Select  Committee. 


, 

tive 


CONSTITUTIONAL  CONVENTION.  365 

361.— By  Mr.  T.  A.  Sullivan  : 

A  proposed  amendment  to  article  5  of  the  Constitution,  creating 
the  office  of  -Superintendent  of  Corporations. 
Referred  to  Select  Committee. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Vedder,  introductory  No.  289, 
entitled  "Proposed  constitutional  amendment  to  amend  section 
7  of  article  4  of  the  Constitution,"  reported  in  favor  of  the  passage 
of  the  same,  which  report  was  agreed  to  and  said  proposed  con- 
stitutional amendment  committed  to  the  Committee  of  the  Whole. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  th^i 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  R  M.  Johnston,  introductory  No.  27, 
entitled  "  Proposed  constitutional  amendment  regulating  the  sal- 
aries of  members  of  the  Legislature,"  report  the  same  with  recom- 
mendation that  it  be  referred  to  the  Committee  on  Legislative 
Organization. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  th  > 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Marks,  introductory  No.  10,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  6  of  article 
3,  as  to  pay  of  members  of  the  Legislature,"  report  the  same  with 
recommendation  that  it  be  referred  to  the  Committee  on  Legis- 
lative Organization. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Hoot,  from  the  Committee  on  Judiciary,  reported  a  pro- 
posed amendment  to  the  Constitution,  in  words  following  : 

362. —  Proposed  constitutional  amendment  to  amend  section  18 
of  article  3,  so  as  to  permit  the  appointment  of  Commissioners  of 
Jurors  in  the  counties  of  this  State. 

Kef  erred  to  the  Committee  of  the  Whole. 

Mr.  Acker,  from  the  Committee  on  Finance  and  Taxation,  to 
which  was  referred  the  resolution  introduced  by  Mr.  Koi-h\ 
entitled  "  A  resolution  asking  information  from  Comptroller  relat- 
ing to  public  lands,"  reported  in  favor  of  the  passage  of  the  same. 


366  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Acker,  from  the  Committee  on  Finance  and  Taxation,  to 
which  was  referred  the  resolution  introduced  by  Mr.  Pratt,  entitled 
"A  resolution  relating  to  persons  and  property  exempted  from 
taxation,"  reported  in  favor  of  the  passage  of  the  same,  and  the 
report  concurred  in  by  Committee  on  Charities,  to  which  this 
resolution  was  referred.  Said  resolution  is  in  words  following  : 

Eesolved,  That  the  Secretary  of  the  Convention  cause  to  be 
prepared,  a  compilation  of  the  titles  of  all  special  acts  of  the 
Legislature  of  this  State,  exempting  particular  property  or  per- 
sons from  taxation,  with  a  citation  of  the  volume  and  chapter 
of  the  Session  Laws  where  such  act  can  be  found  and  a  brief 
designation  of  the  particular  property  or  persons  exempted  by 
each  act. 

This  resolution  shall  cover  all  acts  of  the  Legislature  contained 
in  the  Session  Laws  and  not  contained  in  the  last  edition  of  the 
Revised  Sta'tutek 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Hawley,  from  the  Committee  on  Corporations,  made  the 
following  report : 

To  the  Convention  : 

Your  Committee  on  Corporations  respectfully  asks  that  it  be 
discharged  from  the  further  consideration  of  proposed  amend- 
ment No.  302  (Introductory  No.  298),  introduced  by  Mr.  O.  A. 
Fuller,  and  entitled  "Proposed  constitutional  amendment  to 
amend  section  1  of  article  8,  relating  to  corporations,"  and 
because  said  proposed  amendment  relates  to  corporations 
"  created  for  the  purposes  of  public  transportation.''  Your  com- 
mittee recommends  that  the  same  be  referred  to  the  Committee 
on  Railroads. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative ;  and  said  amendment  was  so  referred. 

Mr.  Hamlin,  from  the  Committee  on  Printing,  reported  that  in 
response  to  the  resolution  of  Mr.  Cookinham  in  reference  to  the 
printing  of  what  is  known  as  the  evidence  in  the  Gravesend  cases, 
in  respect  to  which  information  was  asked  of  the  Printing  Com- 
mittee, I  would  state  that  this  printing  was  put  into  the  hands 


CONSTITUTIONAL  CONVENTION.  367 

of  the  Argus  Company  on  the  morning  of  the  twelfth,  and  on 
investigation  yesterday  I  was  informed  by  the  superintendent  of 
the  company,  that  the  printing  would  be  on  the  files  of  the  Con- 
vention this  forenoon.  Under  the  information  that  the  committee 
now  has  the  evidence  will  not  be  printed  until  Tuesday  morning. 
Mr.  E.  R.  Brown,  from  the  Select  Committee  on  Further 
Amendments,  to  which  was  referred  the  constitutional  amend- 
ment introduced  by  Mr.  A.  H.  Green,  introductory  No.  355, 
entitled  "Proposed  constitutional  amendment  to  amend  the  con- 
stitution relative  to  the  election  and  term  of  office  of  Corporation 
Counsel  "  reports  in  accordance  with  Rule  73,  that  in  the  opinion 
of  the  committee  the  same  should  be  printed  and  referred,  under 
Rule  32. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

And  said  constitutional  amendment  was  referred  to  the  Com- 
mittee on  Cities,  and  ordered  printed. 

On  motion  of  Mr.  Dean,  at  10.44,  the  Convention  adjourned. 


Tuesday,  July  24,   1894. 

The  Convention-  met  pursuant  to  adjournment. 
Prayer  by  Rev.  A.  K.  Duff. 

On  motion  of  Mr.  Holls,  the  reading  of  the  Journal  of  Friday, 
July  twentieth,  was  dispensed  with. 

Mr.   President   announced   the   General    Orders,   pursuant   to 
22. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Alvord,  from  said  committee, 
reported  as  follows  : 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  No.  365,  introductory 
No.  73,  entitled  "Proposed  constitutional  amendment  to  amend 
'on  15  of  article  3,  so  as  to  secure  greater  publicity  and  delib- 
eration in  the  passage  of  all  bills,"  have  gone  through  with  the 
same,  have  made  some  amendments  thereto,  and  instructed  the 
Chairman  to  report  the  same  to  the  Convention,  and  recommend 
its  passage. 


368  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

And  said  Constitutional  amendment  was  referred  to  the  Com- 
mittee on  Revision  and  Engrossment. 

The  Convention  again  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Vedder,  from  said  committee, 
reported  as  follows  : 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  No.  303,  introductory 
No.  183,  entitled  "  Proposed  constitutional  amendment  to  amend 
section  5  of  article  2  of  the  Constitution,  relating  to  the  manner 
of  elections,"  reported  progress  in  the  same,  and  asked  leave  to 
sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

363. — Mr.  Cornwell  (by  unanimous  consent),  presented  a  pro- 
posed amendment  to  the  Constitution,  relative  to  corporations. 
Referred  to  the  Select  Committee. 

364. — By  Mr.  Marks  (by  unanimous  consent)  : 
A  proposed  amendment  to  article  1,  section  7  of  the  Constitu- 
tion, relative  to  the  taking  of  private  property  for  public  use. 
Referred  to  the  Select  Committee. 

365. — By  Mr.  Church  (by  unanimous  consent)  : 
A  proposed  amendment  to  article  6  of  the  Constitution,  creat- 
ing a  Court  of  Arbitration. 
Referred  to  the  Select  Committee. 

Mr.  Lincoln  (by  unanimous  consent),  presented  a  petition  from 
the  Indian  residents  of  the  State  against  the  traffic  in  intoxicat- 
ing beverages. 

Referred  to  the  Committee  on  Indians. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows:  Mr.  Griswold,  for  to-day;  Mr. 
Riggs  and  Mr.  Phipps,  for  to-day  and  to-morrow;  Mr.  Towns, 
until  Thursday;  Messrs.  Jacobs,  O.  A.  Fuller,  G.  W.  Clark,  dur- 
ing illness ;  Mr.  Farrell,  for  Tuesday  and  Wednesday,  and  Messrs. 
Moore  and  E.  A.  Brown,  for  Wednesday  and  Thursday. 


CONSTITUTIONAL  CONVENTION.  369 

On  motion  of  Mr.  Maybee,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  George  M.  Beebe,  of  the  State  Board  of 
Claims. 

Mr.  Maybee  moved  that  the  Convention  take-  a  recess  until 
eight  o'clock. 

Mr.  McMillan  moved  to  amend  that  the  Convention  now 
adjourn. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McMillan, 
and  it  was  determined  in  the  affirmative. 
And,  at  1.10,  the  Convention  adjourned. 


Wednesday,  July  25,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  Joseph  EL  Mangan. 

On  motion  of  Mr.  Acker,  the  reading  of  the  Journal  of  Tuesday, 
July  twenty-fourth,  was  dispensed  with. 

Mr.  President  presented  a  memorial  from  J.  T.  Brooks,  Viee- 
President  of  the  Pennsylvania  Railway  Company,  relative  to  free 
passes. 

Referred  to  the  Committee  on  Railroads. 
Also,  petitions  in  favor  of  civil  service. 
Referred  to  the  Committee  on  Civil  Service. 

Also,  communication  from  James  R.  Cox  relative  to  the  official 
oath  required  to  be  taken  in  certain  cases  before .  referees. 
Referred  to  the  Committee  on  Judiciary. 

Also,  memorial  from  the  General  Assembly  of  the  Presbyterian 
Church  relative  to  sectarian  appropriations. 
Referred  to  the  Committee  on  Charities. 

Also,  memorial  from  the  Brooklyn  Reform  Club  relative  to 
freedom  of  speech  and  of  the  press. 
Referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Dean  presented  a  memorial  from  the  Eastern  Christian 
Conference  of  Charleston  Four  Corners  relative  to  education  flt 
public  expense. 

Referred  to  the  Committee  on  Charities. 

24: 


370  JOURNAL  OF  THE 

366. —  Mr.  Dickey  introduced  a  proposed  amendment  to  article 
6,  section  6  of  the  Constitution,  creating  an  additional  judicial 
district. 

Referred  to  Select  Committee. 

Mr.  President  presented  a  communication  from  the  Secretary 
of  State  in  response  to  the  resolution  of  Mr.  Crosby,  of  date  July 
eighteenth,  calling  for  information  relative  to  the  Onondaga  Salt 
Springs  Reservation. 

On  motion  of  Mr.  Alvord,  said  communication  was  ordered 
printed  and  laid  upon  the  desks  of  members. 

Mr.  Roche  moved  that  the  Secretary  be  requested  to  tabulate 
and  have  printed  and  laid  upon  the  desks  for  the  information  of 
members,  the  returns  relative  to  naturalization  received  from 
certain  designated  courts,  in  response  to  the  resolution  of  Mr. 
Roche. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  I.  S.  Johnson  offered  a  resolution  in  words  following: 
"Resolved,  That  the  Superintendent  of  the  Onondaga  Salt 
Springs  be  directed  to  furnish  this  Convention  a  statement  of 
any  and  all  leases  of  salt  lands  of  this  State  now  in  operation, 
and  of  any  and  all  contracts  under  or  by  which  any  person,  firm 
or  corporation  is  entitled  to  the  use  of  any  such  lands,  or  to  have 
brine  furnished  by  the  State  for  the  manufacture  of  salt,  giving 
the  date  of  such  leases  or  contracts,  where  filed  or  recorded,  and 
when  the  same  will  expire." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Lincoln  offered  a  resolution  in  words  following: 
Resolved,  That  the  Secretary  is  directed  to  tabulate  and  fur- 
nish the  members  the  information  contained  in  communications 
from  county  clerks  in  regard  to  naturalizations  for  the  year  1893. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  A.  H.  Green  moved  that  the  communications  from  the 
Board  of  Railroad  Commissioners,  and  from  the  mayor  of  the 
city  of  New  York,  relative  to  street  surface  and  elevated  rail- 
ways, be  referred  to  the  Committee  on  Railroads,  with  power  to 


CONSTITUTIONAL  CONVENTION.  371 

said  committee  to  order  the  same  printed  for  the  information  of 
members,  if  said  committee  deems  said  printing  advisable. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Koche,  introductory  No.  99, 
entitled  "Proposed  constitutional  amendment  to  amend  article 
3  by  the  addition  of  a  new  section  prohibiting  the  Legisla- 
ture or  any  division  of  the  State  from  granting  pensions  to  any 
civil  officers  or  employes,  not,  however,  including  existing  police 
and  fire  department  pension  funds,"  reported  in  favor  of  the  pas- 
sage of  the  same  with  some  amendments,  which  report  was 
agreed  to,  and  said  constitutional  amendment  was  restored  to  its 
place  on  General  Orders. 

Mr.  McKinstry,  from  the  Select  Committee  on  Further  Amend- 
ments, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Tucker,  introductory  No.  357,  entitled 
"Proposed  constitutional  amendment  to  provide  for  the  gratui- 
tous and  non-sectarian  education  of  every  child  of  school  age, 
and  for  the  furnishing  of  free  meals1  to  the  children  of  destitute 
persons  attending  school,"  reported  that  the  said  proposed 
amendment  has  been  found  to  relate  to  subjects  already  under 
discussion  by  the  Committee  on  Education,  and  has,  therefore, 
been  transmitted,  without  printing,  directly  to  that  committee 
for  its  information  in  accordance  with  Rule  73. 

Mr.  McKinstry,  from  the  Select  Committee  on  Further  Amend- 
ments, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  H.  A.  Clark,  introductory  No.  358, 
entitled  "A  proposition  to  amend  section  7,  article  1  of  the  Con- 
stitution," reported  that  said  proposed  amendment  has  been 
found  to  relate  to  subjects  already  under  discussion  by  the  Com- 
mittee on  Preamble  and  Bill  of  Rights,  and  has,  therefore,  been 
transmitted,  without  printing,  directly  to  that  committee  for 
its  information,  in  accordance  with  Rule  73. 

Mr.  McKinstry,  from  the  Select  Committee  on  Further  Amend- 
ments, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  C.  H.  Truax,  introductory  No.  359, 
entitled  "A  proposed  constitutional  amendment  to  section  0, 
article  1,"  reported  that  said  proposed  amendment  has  been 
found  to  relate  to  subjects  already  under  discussion  by  the  Com- 


372  JOURNAL  OF  THE 

• 
mittee  on  Preamble  and  Bill  of  Eights,  and  has,  therefore,  been 

transmitted,  without  printing,  directly  to  that  committee  for  its 
information,  in  accordance  with  Rule  73. 

Mr.  McKinstry,  from  the  Select  Committee  on  Further  Amend- 
ments, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Tucker,  introductory  No.  360,  entitled 
"A  proposed  constitutional  amendment  to  provide  for  the  con- 
struction, etc.,  by  the  State  of  public  works,"  reported  that  said 
proposed  amendment  has  been  found  to  relate  to  subjects  already 
under  consideration  by  the  Committees  on  Railroads  and  Cor- 
porations, and  has,  therefore,  been  transmitted,  without  printing, 
directly  to  the  said  committees  for  their  information,  in  accord- 
ance with  Rule  73. 

Mr.  McKinstry,  from  the  Select  Committee  on  Further  Amend- 
ments, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Cornwell,  introductory  No.  363,  entitled 
"A  proposed  constitutional  amendment  to  prevent  discrimination 
in  rates  or  charges  either  by  railroad,  telegraph  or  telephone 
companies,  corporations  or  common  carriers  doing  business 
within  the  bounds  of  the  State,"  reported  that  the  same  has  been 
found  to  relate  to  a  subject  already  under  consideration  by  the 
Committees  on  Railroads  and  on  Corporations,  and  has,  therefore, 
been  transmitted,  without  printing,  directly  to  said  committees 
for  their  information,  under  Rule  73. 

Mr.  McKinstry,  from  the  Select  Committee  on  Further  Amend- 
ments, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Marks,  introductory  No.  364,  entitled 
"  A  proposed  constitutional  amendment  to  section  7  of  article  1, 
relating  to  the  taking  of  private  property  for  public  ujse," 
reported  that  the  same  has  been  found  to  relate  to  a  subject 
already  under  consideration  by  the  Committee  on  Preamble  and 
Bill  of  Rights,  and  has,  therefore,  been  transmitted,  without 
printing,  directly  to  said  committee  for  its  information,  under 
Rule  73. 

Mr.  McKinstry,  from  the  Select  Committee  on  Further  Amend- 
ments, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Church,  introductory  No.  365,  entitled 
"A  proposed  constitutional  amendment  to  amend  article  6  of  the 
Constitution  by  adding  new  sections  creating  a  court  of  compul- 
sory arbitration,  reported  that  the  same  has  been  found  to  relate 
to  a  subject  already  under  consideration  by  the  Committee  on 


CONSTITUTIONAL  CONVENTION.  373 

Industrial  Interests,  and  has,  therefore,  been  transmitted,  without 
printing,  directly  to  said  committee  for  its  information,  under 
Kale  73. 

Mr.  McKinstry,  from  the  Select  Committee  on  Further  Amend- 
ments, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  T.  A.  Sullivan,  introductory  No.  361, 
entitled  "An  amendment  to  article  5  of  the  Constitution,  in  rela- 
tion to  State  officers,  by  creating  the  office  of  Superintendent  of 
Corporations,"  reports  that  in  the  opinion  of  the  committee  the 
same  ought  to  be  printed  and  referred  under  Kule  32. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

And  said  constitutional  amendment  was  ordered  printed  and 
referred  to  the  Committee  on  Corporations. 

The  President  announced  the  order  of  business  to  be  General 
Orders. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Gilbert,  from  said  committee, 
reported  in  words  following: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment  No.  368,  introductory  No. 
269,  entitled  "  Proposed  constitutional  amendment  to  amend  sec- 
tion 7  of  article  4  of  the  Constitution,"  have  gone  through  with 
the  same,  have  made  some  amendments  thereto,  and  instructed 
the  chairman  to  report  the  same  to  the  Convention,  and  recom- 
mend its  passage. 

Mr.  President  put  the  question  on  agreeing  with  the  report  of 
the  committee,  and  it  was  determined  in  the  affirmative,  and 
said  amendment  was  referred  to  the  Committee  on  Kevision  and 
Engrossment. 

The  Convention  again  went  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Cochran,  from  said  committee, 
reported : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment  No.  369,  introductory  No. 
362,  entitled  "  Proposed  constitutional  amendment  to  amend  sec- 
tion 18  of  article  3,  so  as  to  permit  the  appointment  of  commis- 
sioners of  jurors  in  the  counties  of  this  State,"  have  made  some 
progress  in  the  same,  but  not  having  gone  through  therewith, 
have  instructed  the  chairman  to  report  that  fact  to  the  Con- 

mtion,  and  ask  leave  to  sit  again. 


vention,  an 


374  JOURNAL  OF  THE 

Mr.  Veeder  moved  to  disagree  with  said  report  and  that  said 
proposed  constitutional  amendment  be  recommitted  to  the  Com- 
mittee on  Judiciary  with  instructions  to  report  said  amendment 
adversely. 

Mr.  McDonough  called  for  a  division  of  the  question. 
Mr.  Dean  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Dean,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  that  portion  of  Mr.  Veeder's 
motion  to  disagree  with  the  report  of  the  Committee  of  the 
Whole  in  asking  leave  to  sit  again,  and  it  was  decided  in  the 
affirmative. 

Mr.  Maybee  moved  to  reconsider  said  vote,  and  that  that  motion 
lay  upon  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  to  reconsider, 
and  it  was  determined  in  the  negative. 

Mr.  President  presented  a  communication  from  Mr.  Herman  F. 
Trapper,  transmitting  his  bill  for  expenses  in  defending  his  title 
to  a  seat  in  the  Convention. 

Mr.  Deady  moved  that  said  communication  be  referred  to  the 
next  Legislature. 

Mr.  McMillan  moved  that  said  communication  be  referred  to 
the  Committee  on  Contingent  Expenses  of  the  Convention. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McMillan, 
and  it  was  determined,  in  the  affirmative. 

By  vote  of  the  Convention,  the  following  members  were 
excused  from  attendance,  as  follows:  Messrs.  Rogers,  Kimmey 
and  J.  I.  Green  for  Thursday  and  Friday.  Mr.  Pratt  until  Wed 
nesday  of  next  week. 

On  motion  of  Mr.  Mulqueen,  at  one  o'clock  P.  M.,  the  Conven- 
tion adjourned. 


CONSTITUTIONAL  CONVENTION.  375 

Thursday,  July  26,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  A.  K.  Duff. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Wed- 
nesday, July  twenty-fifth,  was  dispensed  with. 

By  vote  of  the  Convention,  the  following  members  were 
excused  from  attendance,  as  follows:  Messrs.  Goodelle  and 
Towns,  for  to-day  and  to-morrow.  Messrs.  McClure,  Arnold,  Corn- 
well,  Roche,  Lester  and  Forbes,  for  Friday.  Messrs.  Abbott  and 
Hill,  for  Friday  and  Tuesday.  Messrs.  Bush,  McMillan,  Roderick, 
Lauterbach,  A.  B.  Steele  and  Becker,  for  Friday.  Mr.  Lyon,  for 
Friday  and  Tuesday. 

367. —  Mr.  Smith  (by  unanimous  consent)  presented  a  proposed 
amendment  to  article  1,  section  6  of  the  Constitution,  for  the 
better  protection  of  the  enjoyment  of  natural  and  personal  rights. 

Referred  to  the  Select  Committee. 

On  motion  of  Mr.  T.  A.  Sullivan,  and  by  unanimous  consent, 
proposed  amendment  introductory  No.  361,  which  was  referred  to 
the  Committee  on  Corporations,  was  also  referred  to  the  Com- 
mittee on  Governor  and  State  Officers. 

Mr.  President  announced  the  order  of  business  to  be  General 
Orders,  pursuant  to  Rule  22. 

The  House  went  into  Committee  of  the  Whole,  and,  after  some 
time  spent  therein,  Mr.  Vedder,  from  said  committee,  reported: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment  No.  371,  introductory  No.  99, 
entitled  "  Proposed  constitutional  amendment  to  amend  article  3, 
by  the  addition  of  a  new  section  prohibiting  the  Legislature,  or 
any  division  of  the  State,  from  granting  pensions  to  any  civil 
officers  or  employes,  not,  however,  including  existing  police  and 
fire  department  pension  funds,"  have  made  some  progress  in  the 
same,  but  not  having  gone  through  therewith,  have  instructed  the 
chairman  to  report  that  fact  to  the  Convention,  and  ask  leave  to 
sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 


376  JOURNAL  OF  THE 

Mr.  McMillan  offered  a  resolution  in  words  following: 

"Resolved,  That  proposed  constitutional  amendment  No.  371, 
introductory  No.  99,  by  Mr.  Roche,  relating  to  pensions,  be 
recommitted  to  the  Committee  on  Legislative  Powers  and  Duties 
with  instructions  that  they  appoint  a  committee  of  conference  to 
meet  a  like  committee  from  the  Judiciary  Committee,  to  consider 
and  report  on  said  amendment."  \ 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

On  motion  of  Mr.  McLaughlin,  said  constitutional  amendment, 
with  the  amendments  offered  and  those  proposed  in  the  Com- 
mittee of  the  Whole,  was  printed. 

The  Convention  again  went  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Durfee,  from  said  committee, 
reported  as  follows: 

The  Committee  of  the  Whole  have  had  under  consideration 
document  No.  27,  being  the  report  of  Special  Committee  on 
Transfer  of  Land  Titles,  have  made  some  progress  in  the  same, 
but  not  having  gone  through  therewith,  have  instructed  the 
chairman  to  report  that  fact  to  the  Convention,  and  ask  leave 
to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  J.  C.  Davies  offered  a  resolution  in  words  following: 

"  Resolved,  That  amendment  No.  363,  proposed  by  Mr.  Corn  well, 
and  now  before  the  Committee  on  Railroads,  be  printed  for  the 
convenience  of  said  committee." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Becker  offered  a  resolution  in  words  following: 
"Resolved,  That  the  Judiciary  Committee  inquire  and  report 
what  are  the  existing  provisions  of  law  relating  to  the  publica- 
tion of  the  results  of  the  work  of  the  Convention." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  McDonough  offered  a  resolution  in  words  following: 
"Resolved,  That  the  Committee  on  Prisons  and  Penitentiaries 
be  discharged  from  the  further  consideration  of  proposed  amend- 


CONSTITUTIONAL  CONVENTION,  377 

ment  No.  58,  which  has  been  referred  also  to  the  Committee  on 
Industrial  Interests." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  presented  a.  communication  from  the  Superin- 
tendent of  Public  Works,  in  response  to  the  resolution  offered  by 
Mr.  Hottenroth  July  eighteenth,  calling  for  an  estimate  from 
said  department  as  to  the  probable  cost  of  enlarging  and  improv- 
ing the  several  canals  of  the  State. 

Mr.  I.  S.  Johnson  moved  that  said  communication  be  printed 
and  placed  on  the  files  of  the  members. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  McKinstry,  from  the  Select  Committee  on  Further  Amend- 
ments, to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Dickey,  introductory  No.  366,  entitled 
"  Proposed  constitutional  amendment  to  section  6  of  article  6  of 
the  Constitution,  so  as  to  create  an  additional  judicial  district 
from  territory  in  the  second  and  third  judicial  districts,"  reported 
that  the  same  has  been  found  to  relate  to  a  matter  already  under 
consideration  by  the  Committee  on  Judiciary,  and  has,  therefore, 
been  transmitted,  without  printing,  directly  to  said  committee 
for  its  information,  under  Eule  73. 

Mr.  I.  S.  Johnson  moved  that  the  Convention  take  a  recess  until 
8  o'clock  P.  M. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negatives 

Mr.  McMillan  moved  that  it  be  entered  upon  the  Journal  of 
each  day  the  last  date  of  the  printed  record  that  appears  upon 
the  files  of  the  members  that  day,  and  it  was  determined  in  the 
affirmative. 

On  motion  of  Mr.  Spencer,  at  12.25,  the  Convention  adjourned. 


378  JOURNAL  OF  THE 


Friday,  July  27,  1894. 

The  Convention  met  pursuant  to  adjournment 

Prayer  by  Rev.  B.  D.  Williamson. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Thurs- 
day, July  twenty-sixth,  was  dispensed  with. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows:  Messrs.  -Jenks,  E.  A.  Brown  and 
Faber,  for  to-day;  Messrs.  C.  H.  Lewis,  M.  E.  Lewis  and  J.  John- 
son, for  Tuesday  and  Wednesday  of  next  week;  Mr.  Herzberg  for 
next  Tuesday;  Mr.  Titus  for  Tuesday,  Wednesday  and  Thursday; 
Mr.  Mulqueen  for  Thursday  and  Friday  next. 

Mr.  President  presented  a  communication  in  words  following : 

UNITED  STATES  SENATE,  » 

WASHINGTON,  D.  C.,  July  26,  1894.  j 

HON.  JOSEPH  H.  CHOATE,  President  New    York   Constitutional 
Convention : 

DEAR,  SIR. — The  resolutions  which  were  duly  passed  by  the  New 
York  Constitutional  Convention  in  regard  to  the  death  of  the  late 
President  Carnot  of  France,  were  duly  received  by  me  and  trans- 
mitted to  Mr.  Patenotre,  ambassador  of  the  French  republic  here. 
1  have  received  the  inclosed  letter  from  him,  acknowledging  their 
receipt,  which  I  have  the  honor  to  forward  to  you. 

I  remain  very  respectfully, 

DAVID  B.  HILL. 

AMBASDE  DE  LA  REPUBLIQPE  FRANCAISE  AUX  ETATS  UNIS,  j 
WASHINGTON,  D.  C.,  July  24,  1894. 

Hon.  DAVID  B.  HILL,  United  States  Senator,  Washington,  J).  C. : 

SIR.  —  I  have  the  honor  to  acknowledge  receipt  of  your  favor 
of  the  twenty-first  instant,  by  which  you  send  me  certain  resolu- 
tions passed  by  the  Constitutional  Convention  of  the  State  of  New 
York  upon  the  occasion  of  the  death  of  the  late  President  Carnot. 

Will  you  kindly  inform  the  members  of  that  Convention  that  I 
hall  not  fail  to  transmit  to  Paris  their  beautifully  engrossed  resolu- 
tions, and  assure  them  that  my  government  will  deeply  appreciate 


CONSTITUTIONAL  CONVENTION.  379 

the  sentiments  which  were  adopted  at  Albany,  on  motion  of 
Hon.  John  Bigelow.  Thanking  you  personally  for  your  courteous 
intervention  in  this  matter,  believe  me, 

Yery  respectfully  yours, 

PATENOTKE. 

Mr.  Alvord  moved  that  said  communications  be  spread  upon  the 
Journal  of  the  Convention  and  printed. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  presented  the  petition  of  citizens  of  New 
Rochelle,  relative  to  the  manner  of  conducting  town  and  village 
elections. 

Beferred  to  the  Committee  on  County,  Town  and  Village  Gov- 
ernment. 

Mr.  McKinstry  presented  the  memorial  of  Fredonia  Grange, 
relative  to  the  enlargement  or  sale  of  the  Erie  canal. 
Referred  to  the  Committee  on  Canals. 

Mr.  Powell  presented  the  memorial  and  petition  of  citizens  of 
Albany,  relative  to  nominations  by  the  direct  vote  of  the  people. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Morton  offered  a  resolution  in  words  following: 

Resolved,  That  the  Committee  on  Rules  report  a  rule  providing 
for  evening  sessions  of  the  Convention. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Francis  offered  a  resolution  in  words  following: 
Resolved,  That  it  be  referred  to  the  Committee  on  Rules  to 
consider  and  report,  if,  in  their  judgment  the  same  be  proper,  to 
the  Convention,  to  take  the  place  of  the  present  rule  adopted 
July  17,  1894,  the  following  rule: 

No  committee  shall  be  compelled  to  make  an  adverse  report 
before,  in  its  judgment,  the  time  has  arrived  to  make  such  report, 
unless  called  upon  so  to  do  by  a  vote  of  the  Convention,  and  no 
motion  calling  for  such  report  shall  be  debatable,  except  by  the 
mover  and  one  of  the  committee  called  upon  to  make  the  same, 
and  the  limit  of  debate  shall  not  exceed  five  minutes  to  each 
speaker- 


380  JOURNAL  OF  THE 

After  debate  being  had  thereon,  Mr.  Root  moved  to  amend  by 
substituting  the  following: 

"  Resolved,  That  the  rule  adopted  July  seventeenth',  relating  to 
advene  reports  of  committees,  be  repealed.1' 

Mr.  Francis  accepted  the  substitute. 

Mr.  McDonougli  moved  that  said  resolution  be  referred  to  the 
Committee  on  Rules. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Platzek  offered  a  resolution  in  words  following: 
Resolved,  That,  beginning  Tuesday  of  next  week,  this  Conven- 
tion shall  hold  sessions  every  Tuesday,  Wednesday,  Thursday  and 
Friday  evenings,  commencing  at  8  P.  M.,  until  the  labors  of  this 
body  are  completed. 

Referred  to  the  Committee  on  Rules. 

Mr.  McLaughlin  offered  a  resolution  in  words  following : 
Resolved,  That  the  Attorney-General  of  this  State  be  requested 
to  furnish  forthwith   to  this   Convention,   a  statement  of   the 
number  of  causes  actually  litigated  and  tried  before  the  Board  of 
Claims  during  the  last  five  years,  by  years,  together  with  a  state- 
ment of  the  time  when  each  cause  was  first  put  at  issue,  or  the 
claim  filed  in  said  court,  and  the  time  when  each  was  actually 
tried  and  disposed  of,  and  the  name  and  post-office  address  of  the 
attorney  for  ^ach  claimant. 
Referred  to  the  Committee  on  Judiciary. 

Mr.  Hamlin  offered  a  resolution  in  words  following: 
Resolved,  That  there  be  printed  for  the  use  of  the  delegates  to 

this   Convention,  five  hundred   additional   copies  of  Document 

No.  15. 

Referred  to  the  Committee  on  Printing. 
Mr.  Vedder  offered  a  resolution  in  words  following: 
Resolved,  That  the  Committee  on  Rules  be  requested  to  report 

a  rule  limiting  debate  on  reports  from  Standing  Committees, 

except  on  contested  election  cases. 

Mr.  Marks  moved  to  lay  said  resolution  upon  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  ^81 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Rights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Tucker,  introductory  No.  192,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  1  of  the 
Constitution,  as  to  imprisonment  for  debt,  reported  adversely 
thereto,  which  report  was  agreed  to. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Rights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Tucker,  introductory  No.  190,  entitled 
"  Proposed  constitutional  amendment  to  amend  articles  1  and  4 
of  the  Constitution,  abolishing  capital  punishment  and  the  par- 
doning power  in  sentences  for  life,  and  directing  the  Legislature 
to  substitute  life  imprisonment,  with  retrial,  in  the  event  of 
newly-discovered  evidence,"  reported  adversely  thereto. 

Mr.  President  put  the  question  on  agreeing  to  said  report,  and 
it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Acker,  Ackerly,  Allaben,  Alvord,  Baker,  Banks, 
Barhite,  Barnum,  Bigelow,  Bowers,  Cady,  Carter,  Chipp,  Jr.; 
Church,  Clark,  G-.  W.;  Clark,  H.  A.;  Cochran,  Cookinham, 
Crosby,  Curran,  Danforth,  Davenport,  Davis,  G.  A.;  Deady, 
Dickey,  Doty,  Durfee,  Emmet,  Fitzgerald,  W.  T.;  Floyd,  Foote, 
Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser,  Fuller,  C.  A.; 
Galinger,  Gibney,  G-tegerich,  Gilbert,  Goeller,  Green,  A.  H.;  Gris- 
wold,  Hamlin,  Hawley,  Hedges,  Herzberg,  A.;  Hirschberer,  M.  H.; 
Holls,  Hotchkiss,  Hottenroth,  Johnson,  J.;  Johnston,  R.  M.; 
Lewis,  C.  II.;  Lincoln,  Manley,  Marks,  Maybee,  McCurdy, 
McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  Mullen, 
Mulqueen,  Nichols,  W.  H.;  Nicoll,  DeL.;  O'Brien,  Ohmeis, 
Osborn,  Parker,  Parkhurst,  Peabody,  Peck,  Phipps,  Platzek, 
Porter,  Powell,  Putnam,  Redman,  Root,  Rowley,  Sandford,  Schu- 
mnker,  Smith,  Spencer,  Springweiler,  Sullivan,  T.  A.;  Tekulskv, 
Tibbetts,  Truax,  C.  H.;  Truax,  C.  S.;  Turner,  Van  Denbergh, 
Vedder,  Veeder,  Vogt,  Whitmyer,  Wiggins,  Williams,  Woodward, 
President  — 102. 

Noes  —  Messrs.  Barrow,  Burr,  Coleman,  Davies,  J.  C.;  Dean, 
Farrell,  Hecker,  Holcomb,  Johnson,  I.  Sam;  Kerwin,  Lewis,  M.  E.; 
Mantanye,  McArthur,  McLaughlin,  J.  W.;  Meyenborg,  Moore, 
Morton,  Pool,  Riggs,  Speer,  Storm,  Titus,  Tucker  —  23. 

When  the  name  of  Mr.  Blake  was  called,  he  asked  to  be  and 
was  excused  from  voting. 


382  JOURNAL  OF  THE 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Bights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Fuller,  introductory  No.  104,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  1  of  the 
Constitution,  declaring  that  the  State  of  New  York  is  an  insep- 
arable part  of  the  Federal  Union,*'  reported  adversely  thereto. 

After  debate  being  had  thereon,  Mr.  Dean  moved  the  previous 
question. 

Mr.  President  put  the  question  on  the  motion,  of  Mr.  Dean,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  agreeing  to  the  report  of  the 
committee,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Acker,  Alvord,  Banks,  Bigelow,  Blake,  Bowers, 
Cassidy,  Chipp,  Jr.;  Clark,  G.  W.;  Cochran,  Danforth,  Davenport, 
Deady,  Dean,  Durfee,  Farrell,  Fitzgerald,  T.  W.;  Foote,  Francis, 
Frank,  Andrew;  Frank,  Augustus;  Giegerich,  Goeller,  Green, 
A.  H.;  (Ms wold,  Hamlin,  Hawley,  Herzberg,  A.;  Hirschberg, 
M.  H.;  Holcornb,  Holls,  Hotchkiss,  Hottenroth,  Kerwin,  Lewis, 
C.  H.;  Marks,  McDonough,  McLaughlin,  J.  TV.;  Meyenborg, 
Mullen,  Mulqueen,  O'Brien,  Ohmeis,  Osborn,  Parker,  Peabody, 
Peck,  Platzek,  Biggs,  Boot,  Sandford,  Schumaker,  Speer,  Spencer, 
Sullivan,  W.;  Truax,  C.  H.;  Truax,  C.  S.;  Tucker,  Van  Denbergh, 
Veeder,  Wiggins,  President  —  02. 

Noes  —  Messrs.  Ackerly,  Allaben,  Baker,  Barnum,  Barrow, 
Burr,  Cady,  Carter,  Clark,  H.  A.;  Colenian,  Cookinham;  Crosby, 
Curran,  Davies,  J.  C.;  Davis,  G.  A.;  Dickey,  Doty,  Floyd,  Eraser, 
Fuller,  C.  A.;  Galinger,  Gibney,  Gilbert,  Hecker,  Hedges,  John- 
son,  I.  Sam;  Johnson,  J.;  Kellogg,  Lewis,  M.  E.;  Lincoln,  Ma nley, 
Mantanye,  Maybee,  McArthur,  Mclntyre,  McKinstry,  McLaughlin, 
C.  B.;  Morton,  Nichols,  W.  H.;  Parkhurst,  Phipps,  Pool,  Powell, 
Putnam,  Bedman,  Bowley,  Smith,  Springweiler,  Storm,  Sullivan, 
T.  A. ;  Tekulsky,  Tibbetts,  Titus,  Yogt,  Whitmyer,  Woodward  —  55. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Bights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Tucker,  introductory  No.  263,  entitled 
"  Proposed  constitutional  amendment  to  amend  the  Constitution 
by  adding  to  the  first  article  thereof  a  new  section  relating  to  the 
committal  of  arrested  persons,"  reported  adversely  thereto,  which 
report  was  agreed  to. 


CONSTITUTIONAL  CONVENTION.  383 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Eights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Tucker,  introductory  No.  191,  entitled 
"Proposed  constitutional  amendment  to  amend  article  1  of  the 
Constitution,  as  to  damages  for  the  loss  of  human  life/7  reported 
adversely  thereto,  regarding  it  as  more  appropriately  a  subject 
for  legislative  treatment. 

The  question  being  on  agreeing  to  said  report. 

Mr.  Tekulsky  moved  to  make  said  report  a  special  order  for 
next  Tuesday  evening. 

Mr.  J.  Johnson,  from  the  Committee  on  Cities,  to  which  was 
referred  the  proposed  constitutional  amendments,  introductory 
Nos.  3,  22,  113,  127,  139,  265,  295,  312  and  355,  relating  to  home 
rule  for  cities,  presented  a  majority  report,  in  writing,  together 
with  a  "  Proposed  constitutional  amendment  to  provide  home  rule 
for  cities." 

Kef  erred  to  the  Committee  of  the  Whole. 

Mr.  J.  Johnson  also  presented  the  report  of  the  minority  of 
said  committee  on  the  same  subject. 

Mr.  Bowers  moved  that  said  reports  be  printed  and  placed  on 
the  files. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Tekulsky, 
and  it  was  determined  in  the  affirmative,  two-thirds  of  all  the 
Delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Mr.  Hawley,  from  the  Committee  on  Corporations,  reported  as 
follows  :< 

REPORT  OF  THE  COMMITTEE  ON  CORPORATIONS. 

To  the  Convention: 

The  Committee  on  Corporations,  to  which  was  referred  pro- 
posed constitutional  amendment  No.  357  (introductory  No.  348), 
introduced  by  Mr.  Roche,  asks  to  be  discharged  from  the  further 
consideration  thereof,  and  recommends  that  the  same  be  referred 
to  the  Committee  on  Cities  and  to  the  Committee  on  Railroads. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
nnd  it  was  determined  in  the  affirmative;   and  said  amendment 
ras  so  referred. 


was  so  ret 


384  JOURNAL  OF  THE 

Also, 
REPORT  OF  THE  COMMITTEE  ON  CORPORATIONS. 

To  the  Convention: 

The  Committee  on  Corporations,  to  which  was  was  referred 
proposed  constitutional  amendment  No.  321  (introductory  No. 
313),  entitled  "  Proposed  constitutional  amendment  to  amend 
section  1  of  article  8  of  the  Constitution,  relative  to  the  erecting 
and  limiting  of  corporations,"  introduced  by  Mr.  Tucker,  ask  to 
be  discharged  as  to  further  consideration  thereof,  and  requests 
that  the  same  be  referred  to  the  Committee  on  Railroads. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative;  and  said  amendment 
was  so  referred. 

Also, 

REPORT  OF  THE  COMMITTEE  ON  CORPORATIONS. 
To  the  Convention: 

The  Committee  on  Corporations,  to  which  was  referred  proposed 
constitutional  amendment  No.  372  (introductory  No.  3G1),  intro- 
duced by  Mr.  T.  A.  Sullivan,  entitled  "  Proposed  constitutional 
amendment  to  amend  article  5  of  the  Constitution,  by  adding  a 
new  section  in  relation  to  State  officers,  providing  for  a  new  office 
to  be  known  as  the  Superintendent  of  Corporations,"  asks  to  be 
discharged  from  the  further  consideration  thereof,  the  same  hav- 
ing been  referred,  on  motion  of  Mr.  Sullivan,  to  another  and 
appropriate  committee,  and  this  request  being  made  with  his 
consent. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Gilbert,  from  the  Committee  on  Industrial  Interests,  to 
which  was  referred  the  proposed  ]  constitutional  amendment 
introduced  by  Mr.  Church,  introductory  No.  365,  entitled  "Pro- 
posed constitutional  amendment  to  amend  article  6  by  adding 
new  sections,  creating  a  Court  of  Compulsory  Arbitration," 
report  the  same  for  the  purpose  of  having  it  printed  and 
referred  back  to  said  committee,  which  report  was  agreed  to. 

Mr.  Marshall,  from  the  Committee  on  Future  Amendments  and 
Revision  of  the  Constitution,  presented  the  following  report; 


CONSTITUTIONAL  CONVENTION.  385 

To  the  Convention: 

The  Committee  on  Future  Amendments  and  Revision  of  the 
Constitution,  has  considered  the  various  proposed  constitutional 
amendments  referred  to  it,  namely,  introductory  Nos.  59,  94,  142, 
144,  189,  204,  237,  256,  285,  289,  and  in  place  thereof  reports  the 
article  hereto  annexed. 

Said  proposed  constitutional  amendment  being: 
368. —  Proposed  constitutional  amendment  to  amend  article  13 
of  the  Constitution,  relating  to  future  amendments. 
Referred  to  the  Committee  of  the  Whole. 

Mr.  McKinstry,  from  the  Committee  on  Future  Amendments, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Smith,  introductory  No.  367,  entitled  a  "  Pro- 
posed constitutional  amendment  to  revise  and  amend  section  6 
of  article  1  of  the  Constitution,  for  the  better  protection  of  the 
enjoyment  of  natural  and  personal  rights,"  that  the  same  has 
been  found  to  refer  to  a  subject  already  under  discussion  by  the 
Committee  on  Preamble  and  Bill  of  Rights,  and  has,  therefore, 
been  transmitted,  without  printing,  directly  to  said  committee 
for  its  information,  in  accordance  with  Rule  73,  which  report  was 
agreed  to,  and  said  proposed  constitutional  amendment  com- 
mitted to  the  Committee  of  the  Whole. 

Mr.  Smith  moved  that  said  proposed  constitutional  amend- 
ment, introductory  No.  367,  be  printed. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

The  last  Record  upon  the  files  of  the  members  to-day  was  the 
proceedings  of  July  twenty-fifth. 

On  motion  of  Mr.  Kellogg,  at  12.25,  the  Convention  adjourned. 


386  JOURNAL  OF^THE 

Tuesday,  July  31,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Eev.  DeWitt  G.  Rockefeller. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Friday, 
July  twenty-seventh,  was  dispensed  with. 

By  vote  of  the  Convention,  the  following  members  were 
excused  from  attendance,  as  follows:  For  to-day,  Messrs.  Foote, 
Dickey  and  Burr.  For  to-day  and  to-morrow,  Mr.  Osborn.  Until 
Thursday,  Messrs.  Church  and  Towns.  During  illness,  Mr. 
Lester. 

On  motion  of  Mr.  Vedder,  and  by  unanimous  consent,  the  order 
of  business,  "  Reports  of  Committees,"  was  taken  up. 

Mr.  Vedder,  from  the  Committee  on  Legislative  Powers  and 
Duties,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Mereness,  introductory  No.  49,  entitled 
"Proposed  constitutional  amendment  to  amend  article  3  of  the 
Constitution,  relating  to  public  officers,"  reported  in  favor  of  the 
passage  of  the  same,  with  some  amendments,  which  report  was 
agreed  to,  and  said  proposed  constitutional  amendment  com- 
mitted to  the  Committee  of  the  Whole. 

Mr.  President  then  announced  General  Orders,  pursuant  to 
Rule  22. 

The  Convention  then  went  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Alvord,  from  said  committee, 
reported  that  owing  to  disorder,  by  applause,  which  the  chairman 
was  unable  to  suppress,  he  was  unable  to  preserve  order. 

Mr.  Holls  moved  that  the  Convention  again  proceed  in  Commit- 
tee of  the  Whole  to  the  consideration  of  said  proposed  constitu- 
tional amendment. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Holls, 
and  it  was  determined  in  the  affirmative;  and  the  President  again 
requested  Mr.  Alvord  to  take  the  chair,  as  chairman  of  the  Com- 
mittee of  the  Whole.  Applause  again  being  indulged  in, 
Mr.  Alvord  respectfully  declined  to  take  the  chair. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  Mr.  Root,  from  said  committee, 
reported: 


CONSTITUTIONAL  CONVENTION.  387 

Mr.  President,  the  Committee  of  the  Whole  have  had  under 
consideration  the  proposed  constitutional  amendment  No.  316, 
introductory  No.  64,  entitled  "Proposed  constitutional  amend- 
ment to  amend  section  4  of  article  2  of  the  Constitution,  empow- 
ering the  Legislature  to  enforce,  by  law,  the  duty  of  voting," 
have  made  some  progress  in  the  same,  but  not  having  gone 
through  therewith,  have  instructed  the  chairman  to  report  that 
fact  to  the  Convention,  and  ask  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  said  leave,  and  it 
was  determined  in  the  affirmative. 

By  unanimous  consent,  Mr.  McClure  introduced  a  preamble  and 
resolution  in  words  following: 

Whereas,  The  preservation  of  the  forests  and  water-sheds  of 
this  State  is  of  the  greatest  importance  to  all  our  people,  and  to 
every  interest  within  the  borders  of  the  State;  therefore,  be  it, 

Kesolved,  That  the  President  of  this  Convention  appoint  a 
special  committee,  of  five  members,  to  consider  and  report  what, 
if  any,  amendments  to  the  Constitution  should  be  adopted  for  the 
preservation  of  the  State  forests. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

On  motion  of  Mr.  Holcomb,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  James  A.  McKenna,  of  Queens  county. 

Mr.  Vei'der  moved  that  the  Convention  take  a  recess  until  eight 
o'clock  this  evening. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

And,  at  1.10,  the  Convention  took  a  recess. 


388  JOURNAL  OF*  THE 

EVENING  SESSION. 

Eight  o'clock. 
The  Convention  again  met. 

Mr.  President  announced  the  special  order,  being  the  question 
of  agreeing  to  the  adverse  report  of  the  Committee  on  Preamble 
and  Bill  of  Eights,  which  was  in  words  following: 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Bights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Tucker,  introductory  No.  191,  entitled 
"Proposed  constitutional  amendment  to  amend  article  1  of  the 
Constitution,  as  to  damages  for  the  loss  of  human  life,"  reports 
adversely  thereto,  regarding  it  as  more  appropriately  a  subject 
for  legislative  treatment. 

Debate  being  had  thereon  by  Messrs.  Francis  and  Tekulsky. 
Mr.  W.  H.  Steele,  Second  Vice-President,  in  the  chair. 

Debate  was  then  continued  by  Messrs.  Maybee,  Nichols  and 
Dickey. 

Mr.  President  in  the  chair. 

At  the  conclusion  of  the  remarks  by  Mr.  Dickey,  Mr.  Veeder 
moved  that  the  remarks  made  by  Mr.  Dickey,  in  his  debate 
reflecting  upon  the  gentleman  from  Onondaga,  Mr.  Alvord,  be 
expunged  from  the  record  of  debates,  for  the  reason  that  they 
were  unparliamentary. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Veeder  then  presented  a  minority  report  from  the  Com- 
mittee on  Preamble  and  Bill  of  Rights,  as  a  substitute,  in  words 
following : 

The  undersigned,  a  minority  of  the  Committee  on  Preamble 
and  Bill  of  Eights,  present  the  following  report: 

We  recommend  to  the  Convention  the  following  "Proposed 
constitutional  amendment,  to  amend  article  1  of  the  Constitution, 
as  to  damages  for  the  loss  of  human  life." 

Article  1  of  the  Constitution  is  hereby  amended  by  inserting 
the  following  as  a  new  section : 


CONSTITUTIONAL  CONVENTION.  389 

Sec.  — .  No  statutory  limitation  sliall  be  placed  upon  the 
amount  of  damages  recoverable,  or  upon  the  right  to  recover  by 
civil  action  for  the  loss  of  human  life,  or  for  injury  to  the  person. 

GIDEON  J.  TUCKER. 
W.  D.  VEEDER. 
A.  H.  GREEN. 

Mr.  Forbes  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Forbes, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  agreeing  to  the  adverse  report 
of  said  committee,  and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Abbott,  Acker,  Alvord,  Bigelow,  Francis, 
Frank,  Augustus;  Galinger,  Hamlin,  Hawley,  Holcomb,  Man- 
tanye,  McMillan,  Mereness,  Parker,  Parinenter,  Peck,  Pool,  Root, 
Schuinaker,  Steele,  W.  H.;  Tibbetts,  Van  Denbergh,  President— 23. 

Noes  —  Messrs.  Ackerly,  Allaben,  Arnold,  Baker,  Banks,  Bar- 
hite,  Barrow,  Becker,  Blake,  Bowers,  Brown,  E.  A. ;  Brown,  E.  R. ; 
Burr,  Cady,  Campbell,  Carter,  Cassidy,  Ghipp,  Jr.;  Clark,  G.  W.; 
Clark,  H.  A.;  Cochran,  Coleman,  Cookinham,  Cornwell,  Country- 
man, Crosby,  Curran,  Danforth,  Davenport,  Davis,  G.  A.;  Deady, 
Dean,  Deyo,  Dickey,  Doty,  Durfee,  Durnin,  Emmet,  Farrell,  Floyd, 
Forbes,  Frank,  Andrew ;  Fraser,  Fuller,  C.  A. ;  Giegerich,  Gilbert, 
Gilleran,  Goeller,  Green,  A.  H.;  Green,  J.  I.;  Griswold,  Hecker, 
Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Hotchkiss,  Hottenroth, 
Jenks,  Johnson,  I.  Sam;  Kellogg,  Kerwin,  Lincoln,  Manley,  Marks, 
Marshall,  Maybee,  McArthur,  McDonough,  Mclntyre,  McKinstry, 
McLaughlin,  C.  B.;  McLaughlin,  J.  W.;  Meyenborg,  Moore, 
Morton,  Mullen,  Mulqueen,  Nichols,  W.  H.;  Nicoll,  De  L.;  O'Brien, 
Phipps,  Platzek,  Powell,  Redman,  Roche,  Roderick,  Rogers,  Sand- 
ford,  Speer,  Springweiler,  Storm,  Sullivan,  T.  A.;  Sullivan,  W.; 
Tekulsky,  Towns,  Truax,  C.  H.;  Truax,  C.  S.;  Tucker,  Turner, 
Yeeder,  Vogt,  Wellington,  Whitmyer,  Wiggins,  Williams,  Wood- 
ward — 107. 

And  said  proposed  constitutional  amendment  was  referred  to 
the  Committee  of  the  Whole. 

By  unanimous  consent,  Mr.  Veeder  asked,  and  was  granted, 
leave  to  substitute  for  the  minority  report  on  said  proposed  con- 
stitutional amendment,  previously  submitted)  by:  him,  the 
following : 


390  JOURNAL  O      THE 

The  undersigned,  a  minority  of  the  Committee  on  Preamble  and 
Bill  of  Eights,  present  the  following  report: 

We  recommend  to  the  Convention  the  following  proposed  con- 
stitutional amendment  to  amend  article  1  of  the  Constitution's 
to  damages  for  the  loss  of  human  life. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows: 

Article  1  of  the  Constitution  is  hereby  amended  by  inserting 
the  following  as  a  new  section: 

Sec.  — .  The  right  of  action  is  hereby  given  for  loss  of  life  and 
for  injury  to  the  person,  and  no  statutory  limitation  shall  be 
placed  upon  the  amount  of  damages  recoverable,  or  upon  the  right 
to  recover  by  civil  action  for  the  loss  of  human  life  or  for  injury 
to  the  person. 

GIDEON  J.  TUCKER. 
W.  D.  VEEDER. 
A.  H.  GREEN. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  as  follows: 

"  Resolved,  That  hereafter  the  Convention  hold  evening  sessions 
Tuesday,  Wednesday,  Thursday  and  Friday  of  each  week,  at  eight 
o'clock,  for  the  consideration  of  general  orders. 

Mr.  Yeeder  moved  to  add  at  the  end  thereof  the  following: 
"And  such  further  business  as  may  come  before  the  Convention." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Moore  moved  to  strike  out  the  word  "  Friday  "  and  insert 
before  the  word  "  Tuesday  "  the  word  "  Monday." 

Mr.  Cassidy  moved  to  amend  said  motion  of  Mr.  Moore  by 
striking  out  the  provision  for  a  session  Monday  evening. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cassidy, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Moore,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Mr.  Kerwin  offered  the  following  as  a  substitute:  Strike  out 
all  relating  to  evening  sessions,  and  insert  the  following :  "  That 
we  meet  on  Monday  morning  at  ten  A.  M.,  and  each  successive 
day,  including  Saturday." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Kerwin, 
and  it  was  determined  in  the  negative. 


CONSTITUTIONAL  CONVENTION.  391 

Mr.  President  put  the  question  on  the  adoption  of  said  rule,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Mr.  Cassidy  moved  to  reconsider  the  vote  agreeing  to  the 
adverse  report  of  the  Committee  on  Preamble  and  Bill  of  Bights 
on  the  "  Proposed  constitutional  amendment  to  amend  article  1 
of  the  Constitution,  declaring  that  the  State  of  New  York  is  an 
inseparable  part  of  the  Federal  Union,"  No.  104,  introductory 
No.  104,  and  that  that  motion  lay  upon  the  table. 

Mr.  Deady  moved  that  the  Convention  now  adjourn. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Deady,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  .question  on  the  motion  of  Mr.  Cassidy,  to 
lay  on  the  table  his  motion  to  reconsider,  and  it  was  determined 
in  the  affirmative. 

On  motion  of  Mr.  McDonough,  at  10.30,  the  Convention 
adjourned. 


Wednesday,  August  1,  1894. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  DeWitt  G-.  Rockefeller. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Tues- 
day, July  thirty-first,  was  dispensed  with. 

The  last  Eecord  appearing  on  the  files  of  members,  of  this  date, 
is  of  date  July  twenty-seventh. 

By  vote  of  the  Convention,  the  following  members  were 
excused  from  attendance,  as  follows:  For  Wednesday,  Messrs. 
Durnin  and  Bush;  for  Thursday,  Mr.  Jenks;  for  Thursday  and 
Friday,  Messrs.  Augustus  Frank,  Nichols  and  Porter;  for  yes- 
terday and  to-day,  Mr.  Ohmeis. 

Mr.  President  presented  a  communication  from  the  Superin- 
tendent of  the  Onondaga  Salt  Springs. 
Referred  to  the  Committee  on  Salt  Springs. 

On  motion  of  Mr.  Kellogg,  said  communication  was  ordered 
printed. 


392  JOURNAL  OF  THE 

Also,  a  communication  from  the  Superintendent  of  the  Banking 
Department,  relative  to  the  unclaimed  deposits  in  the  various 
savings  institutions. 

Referred  to  the  Committee  on  Banking  and  Insurance. 

On  motion  of  Mr.  Veeder,  said  communication  was  ordered 
printed. 

Also,  a  memorial  and  petition  of  Rev.  David  Williams  and 
others,  relative  to  political  caucuses. 

Referred  to  the  Committee  on  Preamble  and  Bill  of  Rights*. 

Mr.  Tucker  presented  a  petition  in  favor  of  female  suffrage. 
Referred  to  the  Committee  on  Suffrage. 

Mr.  I.  S.  Johnson  offered  a  resolution  in  words  following: 
Resolved,  That  the  Superintendent  of  Banks  be  required  to 
furnish  this  Convention;  a  statement  of  the  condition  of  the 
Trust  Companies  of  this  State,  as  shown  by  the  last  reports, 
showing  amount  of  capital  stock  and  resources,  and,  also,  amount 
of  profits  and  dividends  last  year. 

Referred  to  the  Committee  on  Banking  and  Insurance,  and  to 
Committee  on  Finance  and  Taxation. 

Also, 

Resolved,  That  hereafter  all  proposed  constitutional  amend- 
ments, proposed  or  reported  by  any  committee  of  this  Convention, 
be  prepared  and  printed  in  the  manner  required  by  the  resolu- 
tion of  this  Convention  adopted  on  June  eighth. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Dean  called  up  the  resolution  previously  offered  by  him,  in 
words  following: 

Whereas,  Section  6  of  article  7  of  the  Constitution  provides 
that  "  The  Legislature  shall  not  sell,  lease  or  otherwise  dispose  of 
the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal,  the  Cay- 
uga  and  Seneca;  canal  or  the  Black  River  canal,  but  they  shall 
remain  the  property  of  the  State  and  under  its  management,  for- 
ever," and, 

Whereas,  Section  9  of  the  same  article  provides  that  "The 
credit  of  the  State  shall  not,  in  any  manner,  be  given  or  loaned 
to,  or  in  aid  of,  any  individual,  association  or  corporation,"  and, 


CONSTITUTIONAL  CONVENTION.  393 

Whereas,  Section  10  of  article  8  provides  that  "  Neither  the 
credit  nor  the  money  of  the  State  shall  be  given  or  loaned  to,  or 
in  aid  of,  any  association,  corporation  or  private  undertaking," 
and, 

Whereas,  The  Legislature  of  1893,  acting  within  the  limita- 
tions thus  fixed  by  the  Constitution,  enacted  chapter  499,  in 
which  it  is  provided  that  "  The  Superintendent  of  Public  Works 
may,  from  time  to  time,  authorize  any  person  or  corporation  to 
contract,  maintain  or  operate  electrical  conductors  for  light,  heat 
or  power,  upon  or  along  any  canals  of  this  State,  or  any  portion 
thereof,  upon  such  terms  or  conditions,  not  inconsistent  with  the 
public  use  of  such  canals,  as  he  may  impose;  and  in  like  manner 
he  may  contract  for  or  permit  the  use  of  such  light,  heat  or  power 
upon  any  such  canal;  provided  that  he  shall  thereby  create  no 
charge  against  the  State,  except  as  against  appropriations  law- 
fully applicable  to  such  purpose,"  and 

Whereas,  The  Superintendent  of  Public  Wrorks,  acting  under 
the  provisions  of  this  statute,  has  entered  into  a  pretended  con- 
tract with  the  Cataract  General  Electric  Company,  under  the 
provisions  of  which  the  said  Cataract  General  Electric  Company 
is  given  a  monopoly  of  the  means  of  economical  transit  of  the 
canals  for  a  period  of  fifty  years,  thus  violating  the  provision 
that  they  shall  "  remain  the  property  of  the  State  and  under  its 
management  forever,"  as  well  as  the  provisions  forbidding  the 
State  to  lend  its  money  or  credit  to,  or  in  aid  of,  any  individual, 
association  or  corporation,"  and, 

Whereas,  The  said  Superintendent  of  Public  Works  has 
assumed  to  go  outside  of  the  domain  of  the  canal  lands  of  the 
State,  and  t&  pretend  to  grant  rights  to  the  said  Cataract  General 
Electric  Company  to  distribute  light,  heat  or  power  to  any  part 
of  the  State,  and 

Whereas,  He  has  sought  in  the  fourth  article  of  the  pretended 
contract  to  waive  the  power  of  eminent  domain,  an  inherent 
right  of  the  State,  and 

Whereas,  The  said  fourth  article  of  the  pretended  contract 
being  the  elective  obligation  of  the  said  pretended  contract,  and 
this  being  void  because  in  conflict  with  the  Constitution  of  the 
State,  it  does  not  come  within  the  protection  of  the  Federal  Con- 
stitution inhibiting  the  power  of  the  State  to  pass  any  "law  vio- 
lating the  obligation  of  contracts,"  and, 


394  JOURNAL  OF  THE 

Whereas,  This  pretended  contract  is  counter  to  the  established 
canal  policy  of  the  State,  and  seeks  to  give  to  a  private  corpora- 
tion, without  any  adequate  consideration,  rights  and  privileges 
worth  millions  of  dollars,  thus  working  a  great  wrong  upon  the 
people  of  this  State;  therefore,  be  it, 

Resolved,  That  this  Convention,  directly  representing  the  peo- 
ple of  the  State  of  New  York,  and  charged  with  the  high  duty  of 
asserting  the  policy  of  the  State,  call  upon  the  Attorney-General 
to  bring  an  action  against  the  Cataract  General  Electric  Com- 
pany, or  take  such  other  steps  as  may  be  necessary,  for  the  pur- 
pose of  annuling  the  so-called  contract,  and  restoring  to  the 
people  all  the  rights  and  privileges  which  they  have,  by  right,  in 
the  canals  of  this  State;  and,  be  it,  further 

Resolved,  That  the  Secretary  of  this  Convention  serve  a  certi- 
fied copy  of  these  resolutions  upon  the  Attorney-General  of  the 
State,  and  upon  the  Cataract  General  Electric  Company,  to  the 
end  that  it  may  have  notice  of  the  intended  action,  and  that  it 
may  make  no  investments  in  good  faith  intended  to  give  it  any 
vested  rights  in  the  premises. 

Mr.  Veeder  moved  that  said  resolution  be  referred  to  the  Com- 
mittee on  State  Officers. 

Mr.  Alvord  moved  that  said  resolution  lay  on  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Alvord, 
and  it  was  determined  in  the  affirmative. 

370.—  Mr.  Roche  presented  a  proposed  amendment  to  the  Con- 
stitution, abolishing  tolls  and  making  public  roads  free. 
Referred  to  the  Select  Committee. 

371.— By  Mr.  Hedges: 

A  proposed  amendment  to  article  2  of  the  Constitution,  relat- 
ing to  the  method  of  electing  public  officers. 
Referred  to  the  Select  Committee. 

372.— By  Mr.  Andrew  H.  Green: 

A  proposed  amendment  to  article  7  of  the  Constitution,  to  pro- 
vide State  insurance  for  the  aged. 
Referred  to  the  Select  Committee. 

Mr.  Vedder,  from  the  Committee  on  Legislative  Powers  and 
Duties,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Vedder,  introductory  No.  21G,  entitled 


CONSTITUTIONAL  CONVENTION.  395 

"  Proposed  constitutional  amendment  to  amend  section  10  of 
article  3  of  the  Constitution/'  reported  in  favor  of  the  passage  of 
the  same,  which  report  was  agreed  to,  and  said  amendment  com- 
mitted to  the  Committee  of  the  Whole. 

Mr.  Vedder,  from  the  Committee  on  Legislative  Powers  and 
Duties,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Vedder,  introductory  No.  330,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  16  of 
article  3  of  the  Constitution,  as  to  restrictions  on  private  and 
local  bills."  The  committee  request  that  they  be  discharged  from 
further  consideration  of  same,  and  that  it  be  referred  to  the 
Judiciary  Committee. 

Mr.  President  put  the  question  on  complying  with  the  request 
of  the  committee,  and  it  was  determined  in  the  affirmative,  and 
said  amendment  was  so  referred. 

Mr.  Hirschberg,  from  the  Committee  on  Privileges  and  Elec- 
tions, reported  in  the  matter  of  the  contest  of  John  C.  Kinkel, 
Charles  L.  Pashley,  William  Deterling,  J.  Lott  Nostrand  and 
Charles  J.  Kurth,  for  the  seats  in  the  Convention  now  held  by 
James  W.  Riggs,  Eugene  Curran,  George  W.  Roderick,  William 
M.  Mullen  and  Thomas  W.  Fitzgerald. 

Mr.  Hirschberg  moved  that  said  report  be  printed  and  made  a 
special  order  for  to-morrow  evening  at  eight  o'clock. 

Mr.  Bowers  moved  to  amend  by  striking  out  the  words  "to-mor- 
row," and  inserting  in  lieu  thereof,  the  words  "next  Wednesday." 

Debate  being  had  thereon. 

Mr.  Dean  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Dean,  and 
it  was  determined  in  the  negative. 

Debate  being  had  on  the  motion  to  make  said  report  a  special 
order. 

Mr.  Storms  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Storms, 
and  it  was  determined  in  the  negative. 

Further  debate  being  had. 

Mr.  Hirschberg  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 


396  JOURNAL  OF  THE 

Mr.  President  put  the  question,  on  the  motion  of  Mr.  Bowers, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question,  on  the  motion  of  Mr.  Hirsch- 
berg,  and  it  was  determined  in  the  affirmative,  two-thirds  of  all 
the  members  elected  voting  in  favor  thereof. 

Mr.  Hamlin,  from  the  Committee  on  Printing,  reported  as 
follows: 

The  Committee  on  Printing  report  the  following  resolution 
and  recommend  its  passage: 

Resolved,  That  one  thousand  copies  of  Document  No.  15  be 
printed,  with  and  including  any  additional  rules  that  may  have 
been  adopted  by  the  Convention;  also,  including  any  corrections 
in  addresses  of  members,  and,  also,  any  corrections  of  errors  or 
omissions  in  the  present  document. 

,  F.  H.  HAMLIN, 

Chairman. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  announced  the  order  of  business  to  be  "  General 
Orders." 

The  Convention  then  went  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Veeder,  from  said  committee, 
reported : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  303,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  5  of 
article  2  of  the  Constitution,  relating  to  the  manner  of  elections," 
made  some  progress  in  same,  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Durfee  moved  that  said  constitutional  amendment,  together 
with  all  the  amendments  proposed  in  the  Committee  of  the 
Whole,  be  recommitted  to  the  Committee  on  Suffrage,  retaining 
its  place  on  General  Orders. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Doty  moved  that  said  proposed  constitutional  amendment 
be  printed,  together  with  the  amendments  proposed  in  the 
Committee  of  the  Whole. 


CONSTITUTIONAL  CONVENTION.  397 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  McClure  called  up  the  resolution  previously  offered  by  him 
in  words  following: 

"Whereas,  The  preservation  of  the  forests  and  water-sheds  of 
the  State  is  of  the  greatest  importance  to  all  our  people,  and  to 
every  interest  within  the  border  of  the  State;  therefore,  be  it 

"Resolved,  That  the  President  of  the  Convention  appoint  a 
special  committee  of  five  members  to  consider  and  report  what, 
if  any,  amendments  to  the  Constitution  should  be  adopted  for 
the  preservation  of  the  State  forests." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Marshall  moved  that  general  order  No.  12,  printed  No.  375, 
relating  to  future  amendments  to  the  Constitution,  be  made  a 
special  order  for  this  evening. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative,  two-thirds  of  all  the  Delegates  elected 
to  the  Convention  voting  in  favor  thereof. 

The  Convention  again  went  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Cornwell,  from  said  committee, 
reported  as  follows : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  378,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  3  of  the 
Constitution,  relating  to  public  officers,"  made  some  progress  in 
same,  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

On  motion  of  Mr.  Goodelle,  at  1.20,  the  Convention  tooK  a 
recess  until  eight  o'clock. 


398  JOURNAL  O£  THE 


EVENING    SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met. 

On  motion  of  Mr.  Crosby,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Timothy  Sanderson. 

373. —  Mr.  Forbes  presented  a  proposed  amendment  to  article  3 
of  the  Constitution,  by  adding  a  new  section  relating  to  charities 
and  corrections. 

Referred  to  Select  Committee. 

Mr.  President  announced  the  order  of  business  as  general 
orders.  * 

The  Convention  went  in  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Peck,  from  said  committee,  reported 
as  follows: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  375,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  13  of  the1 
Constitution,  relating  to  further  amendments,"  made  some  pro- 
gress in  same;  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Marshall  moved  that  said  proposed  constitutional  amend- 
ment, together  with  all  amendments  proposed  and  offered  in 
Committee  of  the  Whole,  be  printed  and  recommitted  to  the  Com- 
mittee on  "  Future  Amendments/'  retaining  its  place  on  the  Gen- 
eral Orders. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 


Mr.  Peabody  moved  that  the  Convention  now  adjourn. 

Mr.  President  put  the  < 
mined  in  the  affirmative. 


Mr.  President  put  the  question  on  said  motion,«  and  it  was  d 

ined  in  the  affirmative. 

fe 

And,  at  9.40,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION.  399 

Thursday,   August  2,   1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Eev.  A.  K.  Duff. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Wed- 
nesday, August  first,  was  dispensed  with. 

The  last  Eecord  appearing  on  the  files  of  the  members  to-day 
is  of  date  Friday,  July  twenty-seventh. 

Mr.  President  announced  the  order  of  business  General  Orders. 

The  Convention  went  into  Committee  of  the  Whole  and,  after 
some  time  spent  therein,  Mr.  Acker,  from  said  committee,  reported 
in  words  following  : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  382,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  10  of 
article  3  of  the  Constitution,"  reported  progress  in  the  same,  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Barhite  presented  statistics  concerning  the  taxable  prop- 
erty owned  by  women  in  the  cities  of  Troy  and  Albany. 

Eeferred  to  the  Committee  on  Suffrage. 

Mr.  K.  M.  Johnston  presented  a  communication  from  the  citi- 
zens Union  of  the  Seventeenth  ward,  of  the  city  of  Brooklyn, 
protesting  against  certain  industries  as  nowv  carried  on  within 
city  limits. 

Eeferred  to  the  Committee  on  Industrial  Interests. 

By  vote  of  the  Convention  the  following  members  were  excused 
from  attendance  as  follows  :  For  to-day,  C.  H.  Lewis;  for  to-mor- 
row, Messrs.  Holconab,  McClure,  Cornwell,  J.  Johnson,  Powell; 
for  this  evening,  Friday  and  Tuesday,  Mr.  Eoche;  indefinitely 
during  his  illness,  Mr.  Durnin. 

Mr.  President  presented  a  communication  from  the  State  Engi- 
neer and  Surveyor  in  response  to  a  resolution  of  July  eighteenth, 
relative  to  the  improving  of  the  various  canals  of  the  State. 

On  motion  of  Mr.  Hottenroth,  said  communication  was  ordered 
printed  and  placed  on  the  files. 


400  JOURNAL  O£  THE 

Also,  a  communication  from  Thomas  J.  Meany,  president  of 
the  Advance  Labor  Club,  asking  the  nomination  of  officers  by 
direct  vote  of  the  people. 

Referred  to  the  Committee  on  Industrial  Interests. 

Also,  a  petition  for  equal  suffrage  from  the  county  of  Columbia. 
Kef  erred  to  the  Committee  on  Suffrage. 

Also,  a  petition  from  citizens  of  New  York  asking  an  amend- 
ment limiting  bequests  to  the  sum  of  fifty  thousand  dollars. 
Referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Floyd  offered  a  resolution  in  words  following  : 

Resolved,  That  the  communication  received  by  the  Convention 
from  the  Second  Vice-President  of  the  Pennsylvania  Railroad 
upon  the  subject  of  "passes "  be  printed  and  placed  upon  the  files 
of  the  delegates. 

Mr.  President  put  the  question  on  said -resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  I .  S .  Johnson  offered  a  resolution  in  words  following  : 
Resolved,  That  the  Commissioners  of  Taxes  and  Assessments 
of  the  city  of  New  York  be  respectfully  requested  to  furnish 
this  Convention  with  a  statement  of  the  condition  of  the  several 
trust  companies  of  said  city,  showing  the  gross  assets,  capital 
stock  paid  in  or  secured  to  be  paid  in,  surplus  earnings,  rate  of 
dividends  for  the  last  year,  deductions  and  nature  of  deductions 
made,  and  the  amount  of  property  upon  which  each  company  pays 
taxes;  and,  also,  the  time  of  purchase  of  non-taxable  property 
or  securities  by  said  companies  so  far  as  the  same  is  known  by 
said  commissioners. 

Referred  to  the  Committee  on  State  Finances  and  Taxation. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of  Rights, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Goeller,  introductory  No.  262,  entitled  "  Pro- 
posed constitutional  amendment  to  amend  the  Constitution  by 
adding  a  new  section  thereto,  to  protect  innocent  purchasers  of 
real  estate,  prevent  fraud,  and  limiting  the  time  in  which  remedy 
for  the  wrong  can  be  invoked,"  reported  adversely  thereto,  which 
report  was  agreed  to. 


CONSTITUTIONAL  CONVENTION.  401 

Mi*.  Davies,  from  the  Committee  on  Railroads,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
>Ir.  E.  R  Brown,  introductory  No.  47,  entitled  "-Proposed  consti- 
tutional amendment  to  amend  article  one  of  the  Constitution 
against  public  officers  riding  on  passes,"  reported  in  favor  of  the 
passage  of  the  same,  with  some  amendments,  which  report  was 
agreed  to,  and  said  proposed  constitutional  amendment  committed 
to  the  Committee  of  the  Whole.  , 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Dickey,  introductory  No.  6,  entitled  "  Proposed 
constitutional  amendment  to  amend  article  10  of  the  Constitu- 
tion to  do  away  with  the  office  of  coroner  as  a  constitutional 
office,"  as  reported  by  the  Committee  of  the  Whole,  reports  the 
same  as  examined  and  corrected  by  this  committee,  and  as  cor- 
rectly engrossed. 

Mr.  Mantanye  moved  to  recommit  said  report  to  the  Committee 
on  Revision  until  such  time  as  reports  are  received  from  the  Com- 
mittee on  County,  Town  and  Village  Officers,  on  the  same  subject. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

And  said  amendment  was  then  ordered  printed  and  to  a  third 
reading. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Vedder,  introductory  No.  73,  entitled  "Pro- 
posed constitutional  amendment,  to  amend  section  15  of  article 
3,  so  as  to  secure  greater  publicit}-  and  deliberation  in  the  pas- 
sage of  all  bills,"  as  reported  by  the  Committee  of  the  Whole, 
reports  the  same  as  examined  and  corrected  by  thisi  committee, 
and  as  correctly  engrossed,  and  said  amendment  was  ordered 
printed  and  to  a  third  reading. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Vedder,  introductory  No.  269,  entitled  "Pro- 
posed constitutional  amendment  to  amend  section  7  of  article  4 
of  the  Constitution,"  as  reported  by  the  Committee  of  the  Whole, 
reports  the  same  as  examined  and  corrected  by  this  committee, 
and  as  correctly  engrossed,  and  said  amendment  was1  ordered 
printed  and  to  a  third  reading. 
26 


402  JOUBNAL  OF  THE 

On  motion  of  Mr.  Cookinham,  said  reported  amendments  were 
laid  on  the  table. 

On  motion  of  Mr.  Forbes,  said  amendments  were  ordere'd 
printed. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Dean,  introductory  No.  21,  entitled  "Proposed  constitutional 
amendment  to  amend  article  2,  to  enfranchise  women,  to  disfran- 
chise mercenary  voters,  to  suspend  the  suffrage  under  certain  con- 
ilitions,  and  to  preserve  the  integrity  of  the  ballot,"  reported 
adversely  thereto,  which  report  was  agreed  to. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Moore,  introductory  No.  181,  entitled  "Proposed  constitu- 
tional amendment  to  amend  article  2  of  the  Constitution  by 
adding  a  new  section  relating  to  the  qualifications  of  voters,  to 
be  known  as  section  6  of  article  2  of  the  Constitution,"  reported 
adversely  thereto,  which  report  was  agreed  to. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Foote,  introductory  No.  224,  entitled  "  Proposed  constitutional 
amendment  to  amend  section  1  of  article  2  of  the  Constitution, 
by  providing  for  submitting  to  vote  of  the  people,  male  and 
female,  the  question  as  to  whether  the  word  'male*  be  stricken 
from  said  section,  and  defining  the  effect  of  an  affirmative  vote 
in  its  favor  by  a  majority  of  the  people  so  voting,"  reported 
adversely  thereto,  which  report  was  agreed  to. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  wa& 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Lincoln,  introductory  No.  108,  entitled  "Proposed  constitu- 
tional amendment  to  amend  article  2  of  the  Constitution,  relative 
to  voting  by  women  who  are  taxpayers,"  reported  adversely 
thereto,  which  report  was  agreed  to. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Tibbetts,  introductory  No.  297,  entitled  "Proposed  constitu- 
tional amendment  to  amend  section  1  of  article  2  of  the  Constitu- 
tion, in  reference  to  suffrage,"  reported  adversely  thereto,  which 
report  was  agreed  to. 


CONSTITUTIONAL  CONVENTION.  403 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Abbott,  introductory  No.  222,  entitled  "Proposed  constitu- 
tional amendment  to  amend  section  1  of  article  2  of  the  Consti- 
tution, relative  to  suffrage,"  reported  adversely  thereto,  which 
report  was  agreed  to. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Lincoln,  introductory  No.  110,  entitled  "Proposed  constitu- 
tional amendment  to  amend  article  2  of  the  Constitution,  relative 
to  female  suffrage,"  reported  adversely  thereto,  which  report  was 
agreed  to. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  McKinstry,  introductory  No.  88,  entitled  "  Proposed  constitu- 
tionial  amendment  to  amend  section  2  of  article  10  of  the  Consti- 
tution, in  regard  to  extending  the  right  of  suffrage  in  city,  town 
and  village  elections  to  all  citizens,"  reported  adversely  thereto. 

On  motion  of  Mr.  McKinstry,  said  report  was  laid  on  the  table. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Moore,  introductory  No.  45,  entitled  "  Proposed  constitutional 
amendment  to  amend  section  1  of  article  2  of  the  Constitution, 
relative  to  female  voters,"  reported  adversely  thereto,  which 
report  was  agreed  to. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Bigelow,  introductory  No.  232,  entitled  "Proposed  constitu- 
tional amendment  to  amend  section  1  of  article  2  of  the  Consti- 
tution, in  relation  to  female  suffrage,"  reported  adversely  thereto. 

On  motion  of  Mr.  Goodelle,  said  report  was  laid  on  the  table. 

Mr.  Goodelle  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Tucker,  introductory  No.  194,  entitled  "Proposed  constitu- 
tional amendment  to  amend  article  2  of  the  Constitution,  so  as 
to  separately  submit  to  the  electors  of  this  State  the  question  of 
woman  suffrage,"  reported  adversely  thereto. 

Mr.   Goodelle  moved  that  the  question  on  agreeing  to  said 
rt  be  made  a  special  order  for  next  Wednesday  evening. 


404  JOURNAL  OF  THE 

Mr.  Tucker  presented  a  minority  report  of  the  Committee  on 
Suffrage  on  the  proposed  constitutional  amendment,  introduc- 
tory No.  194. 

Tabled  and  ordered  printed. 

Mr.  Cochran  moved  to  lay  the  motion  of  Mr.  Goodelle  upon 
the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Goodelle, 
and  it  was  determined  in  the  affirmative,  two-thirds  of  all  the 
members  elected  voting  in  favor  thereof. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Bigelow,  introductory  No.  288,  entitled  "Proposed  constitu- 
tional amendment  to  secure  proportionate  representation," 
reported  the  same  to  the  .Convention  with  the  recommendation 
that  it  be  referred  to  the  Committee  on  the  Legislature,  its  Organi- 
zation and  Apportionment,  etc.,  and  that  the  Committee  on 
Suffrage  be  discharged  from  further  consideration  of  the  same. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative,  and  said  amendment 
was  so  referred. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Tucker,  introductory  No.  193,  entitled  "  Proposed  constitu- 
tional amendment  to  amend  article  1  of  the  Constitution,  provid- 
ing against  property  qualification  for  voting  or  holding  office," 
reported  adversely  thereto,  which  report  was  agreed  to. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Rights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Marks,  introductory  No.  364,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  7  of  article 
1,  relating  to  the  taking  of  private  property  for  public  use," 
reported  in  favor  of  the  passage  of  the  same,  with  some  amend- 
ments, which  report  was  agreed  to,  and  said  proposed  constitu- 
tional amendment  committed  to  the  Committee  of  the  Whole. 

Mr.  Alvord  dissented  from  said  report. 


CONSTITUTIONAL  CONVENTION.  405 

Mr.  Francis  made  the  additional  special  report  in  connection 
therewith : 

The  Committee  on  "  Preamble  and  Bill  of  Eights,"  to  whom  was 
referred  a  proposed  amendment  offered  by  Mr.  Marks,  introduc- 
tory No.  364,  but  not  printed,  report  the  same  favorably,  with  an 
amendment,  "  striking  out  the  words  the  owner  of  the  property ," 
and  inserting  in  the  place  thereof  the  words,  "either  party  in 
interest,"  so  that  the  proposed  amendment  shall  read  as  follows: 

Section  7.  When  private  property  shall  be  taken  for  any  pub- 
lic use,  the  compensation  to  be  made  therefor,  when  such  compen- 
sation is  not  made  by  the  State,  shall  be  ascertained  by  a  jury, 
when  required  by  either  party  in  interest,  and  if  not  so  required^ 
such  compensation  shall  be  ascertained  by  not  less  than  three 
commissioners  appointed  by  a  court  of  record,  as  shall  be  pre- 
scribed by  law. 

Private  roads  may  be  opened  in  the  manner  to  be  prescribed 
by  law;  but  in  every  case  the  necessity  of  the  road,  and  the 
amount  of  all  damage  to  be  sustained  by  the  opening  thereof, 
shall  be  first  determined  by  a  jury  of  freeholders,  and  such 
amount,  together  with  the  expenses  of  the  proceeding,  shall  be 
paid  by  the  person  to  be  benefited. 

It  is  proper  to  state,  for  the  information  of  the  Convention,  that 
Mr.  Marks  requested  an  adverse  report  from  the  committee  on 
his  proposed  amendment,  but  it  did  not  appear  to  the  committee 
that  favorable  action  on  the  principle,  only  extending  it  to 
embrace  the  two  parties  to  the  proceeding,  instead  of  confining  it 
to  one,  could  be  fairly  construed  as  an  adverse  decision,  to  be 
reported  as  such  to  this  Convention. 

With  this  explanation,  the  amendment,  as  agreed  upon  by  a 
majority  of  the  Committee,  is  hereby  submitted  for  the  considera- 
tion and  action  of  the  Convention. 

JOHN  M.  FRANCIS, 

Chairman. 

Mr.  Alvord  moved  that  the  special  order  made  for  next  Wed- 
nesday evening,  proposed  constitutional  amendment  No.  194, 
being  the  adverse  report  of  the  Committee  on  Suffrage  on  the  pro- 
posed constitutional  amendment  relating  to  female  suffrage,  be 
continued,  from  time  to  time,  each  evening  on  which  the  Con- 
vention sits,  until  the  question  is  disposed  of. 


406  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  the  Delegates  voting 
in  favor  thereof. 

Mr.  Veeder  moved  that  the  minority  report  of  the  Committee 
on  Preamble  and  Bill  of  Rights,  being  Document  No.  36,  be 
referred  to  the  Committee  of  the  Whole,  having  under  considera- 
tion General  Order  No.  15. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Vedder,  from  the  Committee  on  Legislative  Powers  and 
Duties,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Roche,  introductory  No.  116,  entitled  "Pro- 
posed constitutional  amendment  to  amend  section  18  of  article  3, 
adding  certain  subjects  to  those  as  to  which  the  Legislature  is 
forbidden  from  passing  special  or  local  acts  upon,"  reported  in 
favor  of  the  passage  of  the  same,  with  some  amendments,  which 
report  was  agreed  to,  and  said  proposed  constitutional  amend- 
ment committed  to  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Hill,  at  12.20,  the  Convention  took  a  recess. 


EVENING  SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met.  j 

Mr.  President  announced  the  following  Special  Committee, 
pursuant  to  the  provisions  of  the  resolution  offered  by  Mr. 
McClure,  relative  to  the  preservation  of  the  forests  and  water- 
sheds: Messrs.  McClure,  Peabody,  McLaughlin,  Mclntyre  and 
Mereness. 

By  vote  of  the  Convention,  the  following  members  were 
excused  from  attendance,  as  follows:  Messrs.  Goodelle,  Hirsch- 
berg  and  Tibbetts,  for  to-morrow;  Mr.  Van  Denbergh  during  his 
sickness. 

The  President  announced  the  Special  Order,  being  the  report 
of  the  Committee  on  Privileges  and  Elections,  relative  to  the 
contests  in  the  Sixth  Senatorial  district,  in  words  following: 


CONSTITUTIONAL  CONVENTION.  407 

REPORT 

OF  THE  COMMITTEE  ON  PKIVIJLEGES  AND  ELECTIONS  RELATIVE  TO  THE 
CONTESTS  IN  THE  SlXTH  SENATORIAL  DISTRICT. 

To  the  Constitutional  Convention  :          . 

The  Committee  on  Privileges  and  Elections,  to  whom  was 
referred  the  petition  of  John  C.  Kinkel,  Charles  L.  Pashley,  Wil- 
liam Deterling,  J.  Lott  Nostrand  and  Charles  J.  Kurth,  claiming 
that  they  were  duly  elected  delegates  to  the  Constitutional  Con- 
vention from  the  Sixth  Senatorial  district  of  the  State  of  New 
York,  at  the  last  general  election,  and  are  entitled  to  the  seats 
in  this  body  held  respectively  by  James  W.  Biggs,  Eugene  Cur- 
ran,  George  W.  Roderick,  William  M.  Mullen  and  Thomas  W. 
Fitzgerald,  respectfully  report,  that  they  have  heard  the  proofs 
and  allegations  of  the  parties  and  have  given  to  both  parties 
ample  opportunity  to  submit  such  evidence  as  they  desired;  that 
they  have  carefully  considered  the  evidence;  and  that  in  the 
opinion  of  said  committee  the  following  facts  are  established 
by  it: 

As  the  result  of  the  official  canvass  of  the  vote  for  district 
delgates  to  the  Constitutional  Convention  from  the  Sixth  Sena- 
torial district  the  Board  of  Canvassers  certified  that  the  entire 
vote  of  said  district  was  225,058  votes,  of  which 

James  W.  Biggs  received 22,032 

Eugene  A.  Curran  received 22,032 

George  W.  Roderick  received 22,039 

William  M.  Mullen  received 21,794 

Thomas  W.   Fitzgerald  received 21,735 

John  C .  Kinkel  received 21,485 

Charles  L.  Pashley  received 21,481 

William  Deterling  received 21,484 

J.  Lott  Nostrand  received 21,482 

Charles  J.  Kurth  received 21,489 

A  few  votes  were  cast  for  other  candidates  and  317  votes  were 
returned  as  blank  and  defective.  / 

According  to  this  certificate  James  Wl  Biggs'  majority  is  543; 
Eugene  A.  Curran's  majority  is  543;  George  W.  Roderick's 
majority  is  550;  William  M.  Mullen's  majority  is  305;  Thomas 
W.  Fitzgerald's  majority  is  246,  over  Charles  J.  Kurth,  the  can- 


40cS  JOURNAL  OF  THE 

clidate  for  the  same  office,  who  received  the  next  highest  number 
of  votes,  viz.  :  21,489. 

The  Sixth  Senatorial  district  is  composed  of  Richmond  county 
and  the  towns  of  Gravesend,  Flatbush,  New  Utrecht  and  Flat- 
lands  in  Kings  county,  and  the  Eighth,  Twenty-fourth,  Twenty- 
sixth,  Twenty-eighth,  and  part  of  the  Twenty-second  wards  of  the 
city  of  Brooklyn.  The  town  of  Gravesend  was  divided  into  six 
election  districts  in  the  spring  of  1890,  but  the  districts  were  all 
concentrated  in  a  single  room  in  the  Town  Hall  by  a  curious 
manipulation,  which  will  appear  on  an  inspection  of  the  official 
map  of  such  division  in  evidence.  This  concentration  was  effected 
by  running  a  little  arm  of  land  about  fifteen  feet  in  width  from 
each  of  the  six  election  districts  into  the  center  hall  or  room  of 
the  main  floor  of  said  building,  thus  providing  in  said  room  by 
the  erection  of  portable  partitions  a  polling  place  twelve  by  fif- 
teen feet  in  size  for  each  of  the  six  districts.  This  ingenious 
division  was  made  by  the  Town  Board  of  which  John  Y.  McKane 
was  chairman. 

The  registry  of  electors  in  the  second  election  district  of  the 
town  of  Q-ravesend  contained  2,465  names  in  the  year  1893,  nearly 
nine  hundred  in  excess  of  the  entire  population  according  to  the 
census  of  1892.  This  registry  of  electors  was  not  entirely  made 
in  accordance  with  the  requirements  of  the  statute.  The  names 
in  numerous  instances  were  collected  by  certain  persons  who 
went  through  the  district  in  or  about  the  month  of  August,  and 
took  the  names  of  a  great  number  of  persons  who  were  then  tem- 
porarily within  the  district  without  regard  to  the  question  of  their 
legal  right  to  vote.  There  was  no  proper  compliance  with  the 
requirements  of  the  statute  as  to  the  entry  in  said  registry  list 
of  the  residences  of  voters  by  street  and  number,  nor  was  there 
the  required  brief  description  of  the  locality  of  the  residences 
of  the  persons  whose  names  were  entered  in  said  list. 

Election  district  No.  2,  in  the  town  of  Gravesend,  comprised  a 
large  part  of  Coney  Island,  a  popular  resort  during  the  summer 
months  for  people  living  in  New  York  and  Brooklyn.  In  this 
district  was  a  great  number  of  hotels^  saloons  and  places  for  the 
entertainment  of  people  resorting  to  Coney  Island,  and  these 
buildings  were  used  only  during  the  summer  season  and  were 
closed  about  the  first  of  September.  The  registry  list  thus  made 
up  contained  the  names  of  a  great  many  persons  connected  with 
such  places  of  entertainment  as  cooks,  waiters  and  servants,  who 
were  accustomed  to  remain  at  Coney  Island  only  during  the 


CONSTITUTIONAL  CONVENTION.  409 

period  when  these  hotels,  saloons  and  places  of  entertainment 
were  in  use. 

No  copy  of  this  registry  list  was  posted,  as  required  by  the 
statute,  and  the  persons  having  control  of  it  refused  to  allow 
the  list  to  be  examined  by  those  seeking  to  make  such  an  exam- 
ination for  the  purpose  of  ascertaining  if  the  same  contained 
names  which  ought  to  be  canceled  or  struck  off  in  the  manner 
provided  by  the  statute.  During  a  week  or  more  preceding  the 
election  a  persistent  and  organized  effort  was  made  by  citizens 
of  the  Senatorial  district  to  inspect  this  and  the  other  registry 
lists  in  the  town  of  Gravesend  for  the  purpose  of  ascertaining 
whether  or  not  they  were  made  under  the  requirements  of  the 
law,  and  whether  or  not  they  contained  the  names  only  of  legal 
voters.  This  effort  was  successfully  resisted  by  concerted  action 
on  the  part  both  of  the  police  authorities  and  the  inspectors  of 
election,  indicating  the  existence  of  a  conspiracy  to  prevent 
inspection  of  the  lists  by  the  public.  An  action  was  brought  in 
the  Supreme  Court  against  John  Y.  McKane,  the  Chief  of  Police 
of  the  town,  and  the  inspectors  of  election,  by  the  candidate  for 
Supreme  Court  justice  on  the  Republican  ticket,  and  in  that 
action  an  injunction  order  was  granted,  restraining  the  defend- 
ants from  interfering  with  Republican  watchers,  duly  commis- 
sioned to  observe  the  conduct  of  the  election.  These  watchers, 
together  with  challengers  accompanying  them,  were  violently 
assaulted  and  driven  away  from  the  polls  on  election  morning, 
and  in  many  instances  were  unlawfully  arrested  and  placed  in 
jail.  By  these  high-handed  and  tyrannical  means,  all  independent 
observation  of  the  course  and  conduct  of  the  election  in  the  town 
was  prevented. 

An  inspection  of  the  registry  list  and  the  poll-list  in  the  Second 
Election  district  of  Gravesend  has  satisfied  your  committee  that 
the  return  of  1,512  votes  in  that  district  does  not  honestly  repre- 
sent the  votes  cast  on  election  day.  The  inference  from  such 
inspection  is  inevitable,  that  ballots  were  placed  in  the  ballot 
box  in  that  district  to  the  number  of  many  hundreds  without 
any  voter  being  present  to  cast  them,  and  that  names  were  copied 
from  the  registry  to  falsely  represent  such  pretended  voters.  The 
names  on  the  poll-list  occur  'in  pairs,  and  in  runs  of  three,  four, 
five,  and  even  more,  in  the  same  order  as  the  names  appear 
alphabetically  on  the  registry  list,  indicating,  if  the  returns  were 
honest,  that  almost  the  entire  body  of  voters  presented  themselves 
on  election  day  to  vote  in  the  'same  order  and  sequence  as  they 


410  JOURNAL  OF*THE 

had  previously  been  registered,  which  combination  the  committee 
think  impossible  to  occur  honestly  the  entire  day.  The  num- 
ber of  votes  returned  as  having  been  cast  in  the  Second  district 
is  remarkably  large,  and  suggests  the  inquiry  whether  -so  many 
votes  could  be  cast,  in  accordance  with  the  requirements  of  the 
law,  during  the  limited  period  of  ten  hours  and  twelve  minutes. 
The  evidence  taken  by  the  committee  establishes  the  fact  that 
only  once  or  twice  during  the  day  a  line  was  formed  at  the  Second 
election  district  polling  place,  and  that  no  crowds  of  voters  were 
seen  going  in  that  polling  place  at  any  time  during  election  day. 
The  absence  of  crowds,  or  indeed  of  any  person  going  in  such 
polling  place,  was  especially  observable  during  the  early  hours 
in  the  morning  after  the  opening  of  the  polls,  and  yet  one  witness 
who  testified  before  the  committee  that  he  voted  between  nine 
and  ten  o'clock,  is  found  on  an  inspection  of  the  poll-list  to  have 
been  given  a  ballot  numbered  633.  The  ordinary  difficulties  in 
the  way  of  casting  as  many  as  1,512  votes  in  a  little  over  ten 
hours,  under  the  requirements  of  the  existing  election  law,  are 
greatly  increased  where  the  voters  are  compelled  to  lose  the  time 
which  would  necessarily  be  consumed  in  ranging  themselves  in 
alphabetical  order  and  with  regard  to  a  similar  arrangement  of 
their  names  on  the  registry  list.  These  difficulties  would  be  fur- 
ther enhanced  if  the  voters  had  left  Coney  Island  in  September 
and  were  compelled  to  come  from  various  other  towns  and  cities 
when  assembling  to  vote  in  the  Second  district.  Your  committee, 
therefore,  are  of  the  opinion  that  it  would  have  been  physically 
impossible  for  1,512  voters  to  have  voted  within  the  time  named, 
under  the  circumstances  proven  in  this  case,  in  compliance  with 
the  law,  and  in  the  order  in  which  their  names  appear  on  both 
the  registry  and  poll-lists  in  question. 

There  are  other  peculiarities  which  cast  suspicion  on  the  integ- 
rity of  this  list  Under  each  of  the  letters  I,  J,  T,  Y  and  Z  pre- 
cisely the  same  number  of  votes  are  returned  as  are  registered. 
Nearly  six  hundred  votes  are  cast  in  succession  without  one  name 
appearing  under  the  letter  E,  and  similar  instances  with  respect 
to  other  letters  appear  where  hundreds  of  votes  are  cast  in  suc- 
cession without  a  single  name  appearing  under  the  respective 
initial.  In  many  instances  two  and. even  three  different  ballot 
numbers  are  ascribed  to  a  single  voter.  In  other  numerous 
instances  the  same  return  shows  that  a  ballot  bearing  a  high 
number  is  voted  prior  to  one  of  a  much  lower  number.  Erasures 
and  alterations  in  the  ballot  numbers  attached  to  the  names  of 


CONSTITUTIONAL  CONVENTION.  411 

the  alleged  voters  are  quite  common.  In  short  the  entire  list 
bears  on  its  face  unmistakable  evidence  that  it  was  made  up  to 
represent  a  fictitious  and  fraudulent  vote,  copied  at  random  from 
the  registry  list.  Your  committee  are  unable  to  ascertain  the 
precise  number  of  fictitious  votes  thereby  returned,  but  are  con- 
vinced such  number  largely  exceeds  the  highest  majority  accorded 
the  sitting  members  above  referred  to. 

This  view  is  confirmed  by  the  result  of  the  election  held  in  the 
town  of  Gravesend  in  the  spring  of  1894.  That  election  was 
hotly  contested,  as  is  conceded  by  every  witness  examined  before 
the  committee,  and  it  seems  also  to  be  conceded  that  a  strenuous 
and  successful  effort  was  made  to  get  out  the  entire  vote  of  the 
town.  Notwithstanding  such  efforts  and  the  intense  excitement 
which  prevailed  in  that  election,  and  notwithstanding  the  fact 
that  the  voting  at  such  election  was  done  with  the  registry  lists 
made  in  the  fall  of  1893  as  a  basis,  the  entire  vote  recorded  in 
the  Second  Election  district  was  only  four  hundred  and  twenty- 
three. 

The  illegal,  fraudulent  and  criminal  acts  in  the  Second  Election 
district  in  the  fall  of  1893  were  of  such  extent  and  character  as 
to  conclusively  impeach  the  return  made  by  the  inspectors.  They 
render  such  return  worthless  as  evidence  of  the  honest  vote  and 
require  that  the  same  should  be  thrown  out  and  disregarded 
under  the  law  and  the  established  practice  in  election  cases. 

This  return  certifies  that  the  1,512  votes  in  question  were  cast 
for  the  office  of  delegate  to  the  Constitutional  Convention  from 
the  Sixth  Senatorial  district  of  the  State  as  follows  : 

Votes 

George  W.  Riggs 1,512 

Eugene  Curran 1,502 

George  W.  Roderick 1,502 

William  M.  Mullen 1,502 

Thomas  W.  Fitzgerald 1,502 

John  0.  Kinkel .' 10 

Charles  L.  Pashley 10 

William  Deterling 10 

J.  Lott  Nostrand 10 

Charles  J .    Kurth . .  None. 


412  JOURNAL  OF 

• 

Deducting  these  votes  from  the  result  as  certified  by  the  Board 
of  State  Canvassers,  it  will  appear  that 

Votes 

John  C.  Kinkel  received 21,475 

Charles  L.  Pashley  received 21,471 

William  Deterling  received 21,474 

J.  Lott  Nostrand  received 21,472 

Charles  J .  Kurth  received 21,489 

James  W .  Riggs  received 20,520 

Eugene  Curran  received 20,530 

George  W.   Roderick  received 20,537 

William  W.  Mullen  received. . 20,292 

Thomas  W.  Fitzgerald  received 20,233 

Or  that  John  C.  Kinkel  received  a  majority  of  938;  Charles  L. 
Pashley  received  a  majority  of  934;  William  Deterling  received 
a  majority  of  937;  J.  Lott  Nostrand  received  a  majority  of  935; 
Charles  J.  Kurth  received  a  majority  of  952,  over  the  candidate 
for  the  same  office  having  the  next  highest  number  of  votes,  viz.  : 
George  W.  Roderick,  who  received  20,537. 

Your  committee  further  report  that  frauds  were  proved  to  have 
been  perpetrated  in  other  election  districts  in  the  town  of  Graves- 
end  and  in  the  town  of  Castieton,  Richmond  county,  which 
affected  the  result  of  said  election,  but  inasmuch  as  the  result  of 
the  frauds  in  the  Second  Election  district  of  the  town  of  Graves- 
end  calls,  in  the  judgment  of  your  committee,  for  the  total  rejec- 
tion of  the  vote  of  that  district  and  is  decisive  of  the  result,  your 
committee  deem  it  unnecessary  to  examine  particularly  into 
the  circumstances  of  the  frauds  in  other  districts  or  the  extent 
of  the  effect  produced  by  them  upon  the  general  result. 

It  is  due  to  the  sitting  members  to  add  that  the  evidence  taken 
by  your  committee  does  not  tend  in  the  slightest  degree  to  con- 
nect any  of  them  with  the  frauds  or  unlawful  practices  referred 
to  in  this  report. 

Your  committee  recommend  the  passage  of  the  following 
resolutions  : 

First.  Resolved,  That  James'  W.  Riggs,  Eugene  Curran,  George 
W.  Roderick,  William  M.  Mullen  and  Thomas  W.  Fitzgerald  are 
not  entitled  as  delegates  from  the  Sixth  Senatorial  district  to 
the  seats  now  occupied  by  them  in  this  Convention. 

Second.  Resolved,  That  John  C.  Kinkel,  Charles  L.  Pashley, 
William  Deterling,  J.  Lott  Nostrand  and  Charles  J.  Kurth  are 


CONSTITUTIONAL  CONVENTION.  413 

duly  elected  delegates  from  the  Sixth  Senatorial  district  and  are 
entitled  to  the  seats  in  this  Convention  now  occupied  by  the  said 
James  W.  Biggs,  Eugene  Curran,  George  W.  Roderick,  William 
M.  Mullen  and  Thomas  W.  Fitzgerald. 
Dated  July  31,  1894. 

M.    H.    HIRSCHBERG, 

Chairman. 

Debate  be.ing  had  thereon. 

Mr.  McDonough  moved  that  the  vote  be  taken  jointly  on  both 
resolutions  as  reported  by  the  committee. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  then  put  the  question  on  the  adoption  of  the 
resolutions  as  reported  by  the  Committee  on  Privileges  and  Elec- 
tions, and  it  AV^S  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Alvord, 
Arnold,  Baker,  Banks,  Barhite,  Barnum,  Barrow,  Blake,  Bowers, 
Brown,  E.  A.;  Brown,  E.  R.;  Burr,  Campbell,  Carter,  Cassidy, 
Chipp,  Jr.;  Clark,  G.  W.:  Clark,  H.  A.;  Coleman,  Cookinham, 
Cornwell,  Crimmins,  Crosby,  Davenport,  Davies,  J.  C.;  Davis, 
G-.  A.;  Deady,  Dean,  Deyo,  Dickey,  Doty,  Durfee,  Emmet,  Faber, 
Fields,  Floyd,  Forbes,  Frank,  Andrew;  Eraser,  Fuller,  C.  A.; 
Fuller,  O.  A.;  Galinger,  Gibney,  Giegerich,  Gilleran,  Goeller, 
Green,  A.  H.;  Hamlin,  Hawley,  Hecker,  Hedges,  Herzberg,  A.; 
Hill,  Hirschberg,  M.  H.;  Holls,  Hottenroth,  Jacobs,  Johnson,  I. 
Sam;  Johnson,  J.;  Johnston,  B.  M.;  Kellogg,  Lester,  Lewis,  M.  E.; 
Lincoln,  Lyon,  Marks,  McClure,  McCurdy,  McLaughlin,  C.  B.; 
Mereness,  Moore,  O'Brien,  Osborn,  Peck,  Phipps,  Platzek,  Pool, 
Powell,  Pratt,  .Putnam,  Redman,  Springweiler,  Steele,  A.  B.; 
Steele,  W.  H.;  Sullivan,  T.  A.;  Tekulsky,  Titus,  Tucker,  Turner, 
Vedder,  Veeder,  Vogt,  Wellington,  Wiggins,  Woodward,  Presi- 
dent—101. 

Noes  —  Messrs.  Green,  J.  I. ;  McLaughlin,  J.  W. ;  Speer. 

When  the  name  of  Mr.  Cochran  was  called,  he  aisked  to  be  and 
was  excused  from  voting,  for  the  reason  that  he  held  a  contested 
seat. 

When  the  name  of  Mr.  Towns  was  called,  he  asked  to  be  and 
was  excused  from  voting. 


414  JOURNAL  OF  THE 

Mr.  Alvord  offered  a  resolution  in  words  following: 

Resolved,  That  while  the  evidence  contained  in  the  unanimous 
report  of  the  Committee  on  Privileges  and  Elections  has  com- 
pelled the  Convention  to  conclude  that  Messrs.  Riggs, 
Mullen,  Curran,  Roderick  and  Fitzgerald,  are  not  entitled  to 
retain  their  seats  in  the  Convention,  we  desire  to  put  on  record 
ooir  conviction,  and  high  appreciation  of  the  pure  character  of 
those  gentlemen,  and  of  their  faithful  conduct  as  members  of 
this  Convention,  and  our  personal  regret  at  parting  with  them. 

Mr.  President  put  the  question  on  the  adoption  of  said  resolu- 
tion, and  it  was  adopted  unanimously  by  a  rising  vote. 

On  motion  of  Mr.  Hirschberg,  the  privileges  of  the  floor  were 
extended  to  Messrs.  James  W.  Riggs,  Eugene  Curran,  George  W. 
Roderick,  William  Mullen  and  Thomas  W.  Fitzgerald,  during  the 
remainder  of  the  sessions  of  the  Convention,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  then  administered  the  oath  of  office  to  Charles 
J.  Kurth,  William  Deterling  and  Charles  L.  Pashley. 

Mr.  President  announced  the  appointment  of  Joseph  L. 
McEntee,  as  correspondent  for  the  "  United  Press." 

On  motion  of  Mr.  H.  A.  Clark,  at  9.55,  the  Convention 
adjourned. 


Friday,  August  3,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  John  Giffen.  , 

On  motion  of  Mr.  O'Brien  the  reading  of  the  Journal  of  Thurs- 
day, August  second,  was  dispensed  with. 

Mr.  President  presented  a  communication  from  citizens  of 
Staten  Island  relative  to  life,  liberty  and  happiness. 

Referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

The  last  Record  appearing  on  the  files  of  members  to-day,  is 
of  date  July  thirty-first. 

Mr.  President  announced  the  following  appointments  on  com- 
mittees for  the  members  seated  last  evening  : 
Deterling  —  Charities,  Banking  and  Insurance. 
Pashley  —  Railroads^and  Contingent* Expenses. 


CONSTITUTIONAL  CONVENTION.  415 

Kinkel  —  County,  Town  and  Village  Government  and  Select 
Committee  on  Amendments. 

Nostrand —  Powers  and  Duties  of  the  Legislature  and  Indians. 
Kurth  —  Revision  and  Engrossment  and  Industrial  Interests. 

Mr.  Deyo  is  substituted  in  place  of  Mr.  Riggs  on  the  Special 
Committee  on  Land  Titles.  , 

Mr.  Gibney  moved  to  discharge  the  Committee  on  Count}, 
Town  and  Village  Government  from  the  consideration  of  the  pro- 
posed constitutional  amendment  No.  250,  introduced  by  him,  and 
refer  the  same  to  the  Committee  on  County,  Town  and  Village 
Officers.  , 

Mr.  Alvord  moved  to  lay  said  motion  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Debate  being  had  thereon. 

Mr.  Dean  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Gibney, 
and  it  was  determined  in  the  negative. 

Mr.  I.  S.  Johnson  offered  a  resolution  in  words  following  : 
Eesolved,  That  the  Sergeant-at-Arms  be  required  to  place  all 

proposed  amendments  ordered  to  third  reading,  when  printed, 

in  the  files  marked  "Convention  Resolutions." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Titus,  introductory  No.  276,  entitled 
"Proposed  constitutional  amendment  to  amend  the  Constitution 
by  providing  for  local  option  in  the  sale  of  spirituous,  malt  or 
intoxicating  liquors  or  beverages,  making  a  new  section  as  fol- 
lows," reported  adversely  thereto. 

Debate  being  had  thereon. 
Mr.  Dean  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 


416  JOURNAL  OR  THE 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Alvord,  Arnold,  Baker, 
Banks,  Barhite,  Barnum,  Barrow,  Bigelow,  Oady,  Carter,  Cassidy, 
Chipp,  J.;  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Cookinham, 
Countryman,  Crosby,  Davies,  J.  C.;  Davis,  G.  A.;  Beady,  Dean, 
Deterling,  Dickey,  Doty,  Durfee,  Floyd,  Foote,  Fraser,  Fuller, 
C.  A.;  Fuller,  O.  A.;  Gilbert,  Hamlin,  Hawley,  Hedges,  Hill, 
Holls,  Jacobs,  Kellogg,  Kimmey,  Kurth,  Lester,  Lewis,  C.  H.; 
Lincoln,  Lyon,  Manley,  Mantanye,  Marshall,  Maybee,  McArthur, 
McCurdy,  McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B. ; 
Mereness,  Moore,  Morton,  O'Brien,  Osborn,  Parker,  Parkhurst, 
Parmenter,  Peck,  Phipps,  Pool,  Pratt,  Putnam,  Rogers,  Root,  Schu- 
maker,  Spencer,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan, 
T.  A.;  Turner,  Vedder,  Wellington,  Whitmyer,  Wiggins,  Wood- 
ward, President  —  87. 

Noes  —  Messrs.  Becker,  Blake,  Bowers,  Burr,  Bush,  Campbell, 
Cochran,  Coleman,  Danforth,  Davenport,  Emmet,  Forbes,  Frank, 
Andrew;  Galinger,  Gibney,  Giegerich,  Gilleran,  Goeller,  Green, 
A.  H. ;  Green,  J.  1. ;  Griswold,  Hecker,  Herzberg,  A. ;  Hottenroth, 
Johnson,  I.  Sam ;  Johnston,  R.  M. ;  Kerwin,  Lewis,  M.  E. ;  Marks, 
McLaughlin,  J.  W.;  Meyenborg,  Nicoll,  DeL.;  Ohmeis,  Peabody, 
Platzek,  Redman,  Sandford,  Smith,  Speer,  Spring weiler,  Sullivan, 
W.;  Tekulsky,  Titus,  Towns,  Truax,  C.  H.;  Truax,  C.  S.;  Tucker, 
Veeder,  Vogt,  Williams  —  50. 

Messrs.  A.  H.  Green  and  Griswold  having  voted  in  the  nega- 
tive, under  a  misapprehension,  desired  it  entered  upon  the  Jour- 
nal that  they  were  in  favor  of  agreeing  to  the  report  of  the 
committee.  j 

Mr.  Vedder,  from  the  Committee  on  Legislative  Powers  and 
Duties,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  McKinstry,  introductory  No.  90,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  3  of  the 
Constitution  in  regard  to  taking  saloons  out  of  politics,'' 
reported  in  favor  of  the  passage  of  the  same,  with  some  amend- 
ments, which  report  was  agreed  to,  and  said  proposed  constitu- 
tional amendment  committed  to  the  Committee  of  the  Whole. 

Mr.  Vedder,  from  the  Committee  on  Legislative  Powers  and 
Duties,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  J.  Johnson,  introductory  No.  212,  entitled 


CONSTITUTIONAL  CONVENTION.  417 

"  Proposed  constitutional  amendment  to  amend  the  Constitution 
in  relation  to  the  title  of  bills,"  reported  in  favor  of  the  passage 
of  the  same  with  some  amendments,  which  report  was  agreed  to 
and  said  proposed  constitutional  amendment  committed  to  the 
Committee  of  the  Whole. 

Mr.  Vedder,  from  the  Committee  on  Legislative  Powers  and 
Duties,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Barhite,  introductory  No.  120,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  6  of  article 
1  of  the  Constitution,  giving  the  Legislature  power  to  pass  certain 
laws,"  reported  in  favor  of  the  passage  of  the  same  with  some 
amendments,  which  report  was  agreed  to  and  said  proposed  con- 
stitutional amendment  committed  to  the  Committee  of  the  Whole. 

Mr.  Vedder,  from  the  Committee  on  Legislative  Powers  and 
Duties,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Roche,  introductory  No.  146,  entitled 
"Proposed  constitutional  amendment  to  amend  section  13  of 
article  3  of  the  Constitution,  as  to  passage  of  bills  by  the  Legis- 
lature," reported  in  favor  of  the  passage  of  the  same  with  some 
amendments,  which  report  was  agreed  to  and  said  proposed  con- 
stitutional amendment  committed  to  the  Committee  of  the  Whole, 
Mr.  Vedder  dissenting. 

Mr.  Vedder,  from  the  Committee  on  Legislative  Powers  and 
Duties,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Becker,  introductory  No.  215,  entitled 
"  Proposed  constitutional  amendment  to  amend  the  Constitution 
in  rela-tion  to  grants,"  reported  in  favor  of  the  passage  of  the 
same  with  some  amendments,  which  report  was  agreed  to,  and 
said  proposed  constitutional  amendment  committed  to  the  Com- 
mittee of  the  Whole. 

Mr.  Acker,  from  the  Committee  on  Finance  and  Taxation,  to 
which  was  referred  the  resolution  introduced  by  Mr.  I.  S.  John- 
son, entitled  "  A  resolution  requesting  the  Commissioner  of  Taxes 
and  Assessments  of  the  city  of  New  York  to  furnish  a  statement 
of  the  condition  of  the  several  trust  companies  of  that  city,  show- 
ing gross,  assets,"  etc.,  reported  in  favor  of  the  passage  of  the 
same  with  some  amendments,  and  recommend  its  adoption  in 
words  following  : 

Resolved,  That  the  Commissioners  of  Taxes  and  Assessments 
of  the  city  of  New  York  be  respectfully  requested  to  furnish  this 
Convention  with  a  statement  of  the  condition  of  the  several  trust 

27 


418  JOUBNAL  OF  THE 

companies  of  said  city,  showing  the  gross  assets,  other  than  real 
estate,  capital  stock  paid  in  or  secured  to  be  paid  in,  surplus 
earnings,  rate  of  dividends  for  the  last  year,  deductions  and 
nature  of  deductions  made,  and  the  amount  of  property  upon 
which  such  company  pays  taxes;  and  also  the  time  of  purchase 
of  non-taxable  property  or  securities,  by  said  companies,  so  far 
as  the  same  is  known  by  said  commissioners. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Acker,  from  the  Committee  on  Finance  and  Taxation,  to 
which  was  referred  the  resolution  introduced  by  Mr.  I.  S.  John- 
son, entitled  "  A  resolution  requiring  the  Superintendent  of  Banks 
to  furnish  information  concerning  the  condition  of  trust  com- 
panies, their  capital,  surplus,  resources,  amount  of  profits  and 
dividends,"  reported  in  favor  of  the  passage  of  the  same  with 
some  amendments,  and  recommend  its  adoption  in  words 
following  : 

Besolved,  That  the  Superintendent  of  Banks  be  required  to 
furnish  this  Convention  a  statement  of  the  condition  of  the  several 
trust  companies  of  this  State  as  shown  by  their  last  reporjts  show- 
ing amount  of  capital  stock,  surplus  and  resources,  other  than 
real  estate,  and  also  amount  of  profits  and  dividends  during  the 
last  year. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Hawley,  from  the  Committee  on  Corporations,  reported  in 
words  following: 

To  the  Convention: 

Your  Committee  on  Corporations,  having  had  under  considera- 
tion proposed  constitutional  amendment  No.  322  (int.  314),  intro- 
duced by  Mr.  Tucker,  entitled  "  Proposed  constitutional  amend- 
ment to  amend  section  2  of  article  8  of  the  Constitution,  to  require 
payment  of  wages  weekly  to  employes  of  corporations,  and  better 
to  secure  the  same,"  and  having  reached  a  determination  adverse 
thereto; 

And,  your  committee  having  thereafter  been  requested,  in  writ- 
ing, by  Mr.  Tucker,  to  report  its  adverse  determination,  does,  in 
obedience  to  such  request,  now  report  adversely  thereto. 

Dated  August  2,  1894. 

CHAELES  A.  HAWLEY, 
Chairman  Committee  on  Corporations. 


CONSTITUTIONAL  CONVENTION.  419 

On  motion  of  Mr.  Cochran,  said  report  was  laid  on  the  table. 
On  motion  of  Mr.  Tucker,  said  report  was  taken  from  the  table. 
Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Hawley,  from  the  Committee  on  Corporations,  reported  in 
words  following: 

To  the  Convention: 

Your  Committee  on  Corporations,  having  had  under  considera- 
tion proposed  constitutional  amendment,  introductory  No.  360, 
introduced  by  Mr.  Tucker  (transmitted  to  your  committee  by  the 
Select  Committee,  without  being  printed),  and  entitled  "  Proposed 
constitutional  amendment  to  provide  for  the  construction,  opera- 
tion and  perpetual  ownership  by  the  State,  or  where  local,  by  the 
civil  divisions  of  the  State,  of  all  public  works,  and  for  the  pur- 
chase of  such  as  may  be  held  by  private  ownership,"  report 
adversely  thereto. 

Dated  August  2,  1894. 

CHAELES  A.  HAWLEY, 
Chairman  Committee  on  Corporations. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  McDonough,  from  the  Committee  on  State  Prisons,  etc.,  to 
which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  McDonough,  introductory  No.  117,  entitled  "Pro- 
posed constitutional  amendment  to  amend  article  3  of  the  Con- 
stitution by  adding  a  section  to  provide  for  the  occupation  and 
employment  of  prisoners  in  the  State  prisons,  penitentiaries,  jails 
and  reformatories  of  the  State,"  reported  in  favor  of  the  passage 
of  the  same,  with  some  amendments,  which  report  was  agreed  to, 
and  said  proposed  constitutional  amendment  committed  to 
the  Committee  of  the  Whole. 

Mr.  McDonough,  from  the  Committee  on  State  Prisons,  etc.,  to 
which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  Blake,  introductory  No.  201,  entitled  "Proposed 
constitutional  amendment  to  amend  section  5  of  article  1  of  the 
Constitution,  providing  for  the  abolition  of  the  death  penalty," 
reported  adversely  thereto. 

Mr.  Blake  moved  that  the  question  on  agreeing  to  said  report, 
be  made  a  special  order  for  next  Wednesday  morning. 


420  JOUENAL  OF  -THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative,  two-thirds  of  all  the  Delegates  voting  in 
favor  thereof. 

Mr.  McDonough,  from  the  Committee  on  State  Prisons,  etc.,  to 
which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  Tucker,  introductory  No.  264,  entitled  "Proposed 
constitutional  amendment  to  amend  the  Constitution  by  adding 
to  the  first  article  thereof  a  new  section,  relating  to  the  punish- 
ment of  inmates  of  prisons,  asylums,  alms-houses,"  etc.,  reported 
adversely  thereto,  which  report  was  agreed  to. 

Mr.  E.  E.  Brown,  from  the  Select  Committee  on  Further  Amend- 
ments to  the  Constitution,  to  which  was  referred  the  proposed 
constitutional  amendment  introduced  by  Mr.  Eoche,  introductory 
No.  370,  entitled  "  Proposed  constitutional  amendment  for  the 
abolition  of  tolls,  and  making  public  roads  free,"  reported  that,  in 
its  opinion,  the  same  ought  to  be  printed  and  referred,  under 
Eule  32,  which  report  was  agreed  to,  and  said  amendment  was 
referred  to  the  Committee  on  Legislative  Powers  and  Duties. 

Mr.  E.  E.  Brown,  from  the  Select  Committee  on  Further  Amend- 
ments to  the  Constitution,  to  which  was  referred  the  proposed 
constitutional  amendment  introduced  by  Mr.  Hedges,  introductory 
No.  371,  entitled  "  Proposed  constitutional  amendment  to  amend 
article  2  of  the  Constitution,  relating  to  the  methods  of  electing 
public  officers,"  reported  that  the  same  has  been  found  to  relate 
to  a  subject  already  under  consideration  by  the  Committee  on 
Suffrage,  and  has,  therefore,  been  transmitted,  without  printing, 
directly  to  said  committee  for  its  information,  under  Eule  73. 

Mr.  E.  E.  Brown,  from  the  Select  Committee  on  Further  Amend- 
ments to  the  Constitution,  to  which  was  referred  the  proposed 
constitutional  amendment  introduced  by  Mr.  Forbes,  introductory 
No.  373,  entitled  "  Proposed  constitutional  amendment  to  amend 
article  3  by  adding  a  new  section,"  reported  that  the  same  has 
been  found  to  relate  to  a  subject  already  under  consideration  by 
the  Committee  on  Charities,  and  has,  therefore,  been  transmitted 
without  printing,  directly  to  said  committee  for  its  information, 
under  Eule  73. 

Mr.  E.  E,  Brown,  from  the  Select  Committee  on  Further  Amend- 
ments to  the  Constitution,  to  which  was  referred  the  proposed 
constitutional  amendment  introduced  by  Mr.  A.  H.  Green,  intro- 
ductory No.  372,  entitled  "  Proposed  constitutional  amendment  to 
provide  a  State  insurance  fund  for  the  aged,"  reported  that  the 


CONSTITUTIONAL  CONVENTION.  421 

same  lias  been  found  to  relate  to  a  subject  already  under  con- 
sideration by  the  Committee  on  Banking  and  Insurance,  and  has, 
therefore,  been  transmitted,  without  printing,  directly  to  said 
committee  for  its  information,  under  Rule  73. 

Mr.  Gilbert,  from  the  Committee  on  Civil  Service,  to  which  was 
referred  the,  proposed  constitutional  amendment  introduced  by 
Mr.  H.  A.  Clark,  introductory  No.  206,  entitled  "Proposed  con- 
stitutional amendment  to  amend  the  Constitution  relative  to  civil 
service  of  the  State  and  cities,"  reported  in  favor  of  the  passage 
of  the  same,  with  some  amendments,  which  report  was  agreed  to, 
and  said  proposed  constitutional  amendment  committed  to  the 
Committee  of  the  Whole. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows:  For  to-day,  Messrs.  Deyo  and 
Lauterbach;  for  Tuesday  and  Wednesday  next,  Messrs.  Herzberg, 
Danforth,  Deady  and  Hamlin;  for  next  week,  Mr.  C.  H.  Truax. 

On  motion  of  Mr.  Cady,  at  11.38,  the  Convention  adjourned. 


Tuesday,  August  7,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  Lyman  Edwin  Davis. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Friday 
August  third,  was  dispensed  with. 

Mr.  President  administered  the  oath  of  office  to  John  C.  Kinkel 
and  J.  Lott  Nostrand. 

The  last  day's  Record  appearing  on  the  files  of  members  this  day 
is  of  date  Thursday,  August  second. 

By  vote  of  the  Convention  the  following  members  were  excused 
from  attendance  :  For  to-day  Messrs.  Holcomb,  Towns,  A.  H.  Green, 
Gilbert,  Whitmyer,  Hirschberg  and  Durfee  ;  for  this  evening,  Mr. 
Arnold  ;  for  to-day  and  to-morrow,  Mr.  McArthnr ;  for  "Wednes- 
day and  Thursday,  Messrs.  Goeller  and  Yedder  ;  for  Thursday  and 
Friday,  Mr.  Storm ;  during  his  illness,  Mr.  Tekulsky. 

Mr.  A.  B.  Steele  moved  that  a  committee  of  three  be  appointed 
by  the  President  to  draft  suitable  resolutions  on  the  death  of  Hon. 
Walter  L.  Van  Denbergh,  a  delegate  in  this  Convention. 


422  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative,  and  Mr.  President  appointed  as  such 
committee  Messrs.  A.  B.  Steele,  Francis  and  Hawley. 

Mr.  President  announced  the  order  of  business  to  be  General 
Orders,  pursuant  to  Rule  22. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  I.  S.  Johnson,  from  said  committee, 
reported  : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutionalj  amendment  printed  No.  376,  entitled 
"  Proposed  constitutional  amendment  to  provide  home  rule  for 
cities,"  reported  progress  in  same,  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Yedder  moved  that  one  thousand  copies  of  said  amendment, 
General  Order  No.  13,  be  printed  with  the  amendments  made  in 
the  Committee  of  the  Whole,  printed  in  italics,  for  the  use  of  the 
Convention. 

Referred  to  the  Committee  on  Printing. 

Mr.  A.  B.  Steele,  from  the  special  committee  appointed,  relating 
to  the  death  of  Hon.  Walter  L.  Yan  Denbergh,  presented  the  fol. 
lowing : 

Whereas,  Since  the  last  session  of  this  Convention  one  of  the 
oldest  and  most  respected  delegates,  the  Honorable  Walter  L.  Yan 
Denbergh,  has  departed  this  life ;  and  this  Convention  having 
come  to  recognize  in  the  deceased  the  earnestness  of  a  faithful  and 
conscientious  member,  the  ability  of  a  good  lawyer  and  wise  coun- 
selor, the  purposes  of  an  honest  citizen  and  the  character  of  a  good 
man,  it  is  therefore, 

Resolved,  That  in  the  decease  of  Mr.  Yan  Denbergh  we 
acknowledge  with  sincere  sorrow  the  irreparable  loss  which  this  Con- 
vention has  sustained ;  and  being  reminded  by  it,  not  only  of  the 
uncertainty  of  life,  but  of  our  own  duties  and  obligations  to  the 
people  of  the  State,  we  hereby,  in  the  shadow  of  this  bereavement, 
consecrate  ourselves  anew  to  perform  worthily,  conscientiously  and 
faithfully  the  work  intrusted  to  us  as  we  have  been  given  light  to 
perceive  it ;  and,  be  it  further 


CONSTITUTIONAL  CONVENTION.  423 

Resolved,  That  the  President  of  this  Convention  appoint  a  com- 
mittee of  fifteen  delegates  to  attend  the  funeral  of  the  deceased, 
and  that  after  the  appointment  of  such  committee,  as  a  mark  of  our 
respect  and  esteem  for  the  deceased,  this  Convention  be  declared 
•  adjourned. 

A.  B.  STEELE, 
JOHN  M.  FRANCIS, 
CHARLES  A.  HAWLEY, 

Committee. 

Pursuant  to  said  resolutions  Mr.  President  appointed  as  such  com- 
mittee to  attend  the  funeral  of  the  late  Hon.  Walter  L.  Van  Den- 
bergh  :  Messrs.  Alvord,  A.  B.  Steele,  Lester,  Whitmyer,  E.  A- 
Brown,  Spencer,  Francis,  Augustus  Frank,  Woodward,  Parker, 
Bigelow,  A.  H.  Green,  Tucker,  Schum.aker  and  Vedder. 

Mr.  President  then  put  the  question  on  said  resolutions,  and 
they  were  unanimously  adopted  by  a  rising  vote. 

Pursuant  to  said  resolution,  at  1.25,  the  Convention  adjourned. 


Wednesday,  August  8,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  Martin  Flipse. 

On  motion  of  Mr.  Acker,  the  reading  of  the  Journal  of  Tuesday, 
August  seventh,  was  dispensed  with. 

Mr.  Storm  presented  a  memorial  from  the  Flushing  Village 
Association,  relative  to  pool  selling,  which,  by  unanimous  consent, 
was  read  by  the  Secretary,  and  referred  to  the  Committee  on 
Preamble  and  Bill  of  Eights.  , 

Mr.  Alvord  presented  a  communication  from  General  George 
J.  Magee  on  compulsory  voting. 

Kef  erred  to  the  Committee  of  the  Whole  having  that  subject  in 
charge. 

Also,  a  communication  on  the  subject  of  taxation. 
Referred  to  the  Committee  on  State  Finances  and  Taxation. 

Mr.  Moore  presented  petitions  in  favor  of  the  enfranchisement 
of  women. 

Eeferred  to  the  Committee  on  Suffrage. 


424  JOURNAL  OF  THE 

Mr.  Becker  presented  memorials  in  favor  of  civil  service 
reform. 

Referred  to  the  Special  Committee. 

Mr.  President  presented  a  petition  from  G.  W.  Grant,  which 
was  referred  to  the  Committee  on  Constitutional  Amendments. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows:  For  to-day,  Mr.  Cady;  for  yester- 
day, Mr.  Smith;  for  Tuesday  next,  Mr.  Wiggins;  for  Thursday  and 
Friday,  Mr.  Redman;  for  Thursday  and  Friday  of  next  week,  Mr. 
May  bee;  during  illness,  Mr.  Phipps, 

The  last  Record  appearing  upon  the  files  of  members  to-day  is 
of  date  August  third. 

Mr.  Goodelle  offered  a  resolution  in  words  following: 
Resolved,   That   proposed   amendment,   introductory   No.    194, 
introduced  by  Mr.  Tucker,  be  recommitted  to  the  Committee  on 
Suffrage,  retaining  its  place  as  a  special  order  for  this  evening. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

374. —  Mr.  A.  H.  Green,  by  unanimous  consent,  presented  a  pro- 
posed constitutional  amendment  relative  to  moneys1  collected 
for  the  State,  city,  county,  town  or  village. 

Referred  to  the  Special  Committee  on  Proposed  Amendments. 

Mr.  Hawley,  from  the  Committee  on  Corporations,  reports  favor- 
ably from  said  committee,  an  original  proposed  constitutional 
amendment,  entitled  "  Proposed  constitutional  amendment  as  to 
trusts  or  combinations,"  which  was  read  the  first  and  second 
time  and  referred  to  the  Committee  of  the  Whole. 

In  behalf  of  Mr.  Vedder,  Mr.  Barhite  moved  that  the  Committee 
on  Powers  and  Duties  of  the  Legislature,  be  discharged  from  the 
further  consideration  of  proposed  constitutional  amendment, 
printed  No.  2,  and  that  the  same  be  referred  to  the  Committee  on 
Education. 

Also,  from  the  consideration  of  proposed  constitutional  amend- 
ment, printed  No.  24,  and  that  the  same  be  referred  to  the  Com- 
mittee on  State  Finances  and  Taxation. 

Also,  from  the  consideration  of  proposed  constitutional  amend- 
ment, printed  No.  134,  and  that  the  same  be  referred  to  the  Com- 
mittee on  Governor  and  State  Officers. 


CONSTITUTIONAL  CONVENTION.  425 

Mr.  President  put  the  question  on  the  said  motion  and  reference, 
and  it  was  determined  in  the  affirmative,  and  said  amendments 
were  so  referred. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  McDonough,  introductory  No.  286, 
entitled  "  Proposed  constitutional  amendment  to  amend  article  3 
of  the  Constitution,  relating  to  the  passage  of  laws,"  reported  in 
favor  of  the  passage  of  the  same,  with  some  amendments,  which 
report  was  agreed  to,  and  said  proposed  constitutional  amend- 
ment committed  to  the  Committee  of  the  Whole,  Mr.  Dean 
dissenting. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Dean,  introductory  No.  23,  entitled 
"  Proposed  constitutional  amendment  to  abolish  all  commissions, 
except  those  constituted  of  elective  officers,  and  to  inhibit  the 
power  of  creating  permanent  commissions,"  reported  in  favor  of 
the  passage  of  the  same,  with  some  amendments,  which  report 
was  agreed  to,  and  said  proposed  constitutional  amendment  com- 
mitted to  the  Committee  of  the  Whole. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposeol  constitutional 
amendment  introduced  by  Mr.  H.  A.  Clark,  introductory  No.  351, 
entitled  "  Proposed  constitutional  amendment  as  to  the  powers 
and  duties  of  the  legislature,  in  forming  and  dividing  counties, 
and  to  add  a  new  section  to  article  3  of  the  Constitution," 
reported  in  favor  of  the  passage  of  the  same,  which  report  was 
agreed  to,  and  said  proposed  constitutional  amendment  committed 
to  the  Committee  of  the  Whole. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
recommitted  the  proposed  constitutional  amendment  introduced 
by  Mr.  Tucker,  introductory  No.  194,  entitled  "Proposed  consti- 
tutional amendment  to  amend  article  2  of  the  Constitution,  so  as 
to  separately  submit  to  the  electors  of  this  State  the  question  of 
woman  suffrage,"  reported  the  same,  as  amended,  adversely,  and 
the  same  was  again  placed  on  the  calendar  as  a  special  order. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr..  O'Brien,  introductory  No.  119,  entitled  "  Proposed  constitu- 


426  JOUKNAL  OF  THE 

taonal  amendment  to  amend  section  3  of  article  2  of  the  Consti- 
tution, as  to  the  suffrage,"  reported  in  favor  of  the  passage  of  the 
same,  with  some  amendments,  which  report  wasi  agreed  to,  and 
said  proposed  constitutional  amendment  committed  to  the  Com- 
mittee of  the  Whole. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Eoche,  introductory  No.  100,  entitled  "Proposed  constitu- 
tional amendment  to  amend  section  1  of  article  2,  prescribing  the 
period  of  citizenship  as  a  prerequisite  to  the  right  to  vote," 
reported  in  favor  of  the  passage  of  the  same,  with  some  amend- 
ments, which  report  was  agreed  to,  and  said  proposed  consti- 
tutional amendment  committed  to  the  Committee  of  the  Whole. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Gilbert,  introductory  No.  8,  entitled  "  Proposed  constitutional 
amendment  to  amend  article  2  of  the  Constitution,  in  relation  to 
qualification  of  voters,"  reported  in  favor  of  the  passage  of  the 
same,  with  some  amendments,  which  report  was  agreed  to  and 
said  proposed  constitutional  amendment  committed  to  the  Com- 
mittee of  the  Whole. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Nichols,  introductory  No.  253,  entitled  "Proposed  constitu- 
tional amendment  to  amend  section  4  of  article  2  of  the  Constitu- 
tion, relating  to  registration  of  voters,"  reported  in  favor  of  the 
passage  of  the  same,  with  some  amendments,  which  report  was 
agreed  to  and  said  proposed  constitutional  amendment  committed 
to  the  Committee  of  the  Whole. 

Mr.  President  announced  the  following  appointments  to  fill 
the  vacancies  on  committees  caused  by  the  death  of  Mr.  Van  Den- 
bergh:  On  Preamble  and  Bill  of  Eights,  Mr.  W.  H.  Steele, 
On  Corporations,  Mr.  Lester- 
Mr.  President  announced  the  special  order,  being  the  report  of 
the  Committee  on  State  Prisons,  in  words  following: 

Mr.  McDonough,  from  the  Committee  on  State  Prisons,  to  which 
was  referred  the  proposed  constitutional  amendment  introduced 
by  Mr.  Blake,  introductory  No.  201,  entitled  "  Proposed  constitu- 
tional amendment  to  amend  section  5  of  article  1  of  the  Constitu- 
tion, providing  for  the  abolition  of  the  death  penalty,  as  follows," 
reported  adversely  thereto. 


CONSTITUTIONAL  CONVENTION.  427 

Debate  being  had  thereon. 

Mr.  President  put  the  question  on  agreeing  to  the  adverse  report 
of  the  committee,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Aekerly,  Allaben,  Alvord, 
Arnold,  Baker,  Banks,  Barhite,  Bowers,  Brown,  E.  R.;  Bush,  Cas- 
sidy,  Chipp,  Jr.,  Clark,  G.  W.;  Clark,  H.  A.;  Cochran,  Cookin- 
ham,  Cornwell,  Countryman,  Crosby,  Danforth,  Davenport,  Davis, 
G.  A.;  Deterling,  Deyo,  Doty, Emmet,  Fields,  Floyd,  Foote,  Fraser, 
Fuller,  C.  A.;  Galinger,  Giegerich,  Gilbert,  Hawley,  Hedges,  Hill, 
Hirschberg,  M.  H.;  Holls,  Hottenroth,  Jacobs,  Johnson,  J.;  Kel- 
logg, Lauterbach,  Lewis,  C.  H.;  Lincoln,  Lyon,  Manley,  Marks, 
Marshall,  McClure,  McCurdy,  McDonough,  Mclntyre,  McKinstry, 
McMillan,  Mereness,  Nichols,  W.  H.;  Nicoll,  DeL.;  Nostrand, 
O'Brien,  Osborn,  Parkhurst,  Pashley,  Peck,  Platzek,  Powell,  Pratt, 
Putnam,  Redman,  Roche,  Root,  Rowley,  Sandford,  Steel e,  W.  H.; 
Sullivan,  T.  A.;  Tekulsky,  Tibbetts,  Vogt,  WeUington,  Wiggins, 
Williams,  President  —  85. 

Noes  —  Messrs.  Barnum,  Barrow,  Becker,  Blake,  Brown,  E.  A. ; 
Burr,  Campbell,  Carter,  Church,  Coleman,  Crimmins,  Davies,  J.  C.; 
Dean,  Dickey,  Durfee,  Durnin,  Faber,  Farrell,  Forbes,  Fuller, 

0.  A.;  Gibney,  Gilleran,  Green,  J.  I.;  Hotchkiss,  Jenks,  Johnson, 

1.  Sam ;  Kerwin,  Kinkel,  Kurth,  Lewis,  M.  E. ;  Maybee,  McLaugh- 
lin,  J.  W.;  Meyenborg,  Moore,  Morton,  Ohmeis,  Parmenter,  Pea- 
body,  Pool,  Porter,  Rogers,  Speer,  Springweiler,  Storm,  Sullivan, 
W.;  Titus,  Towns,  Truax,  C.  S.;  Tucker,  Turner— 50. 

Mr.  Root,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  resolution  introduced  by  Mr.  McLaughlin,  asking  for 
information  from  the  Board  of  Claims,  reported  in  favor  of  the 
passage  of  the  same,  without  amendment,  in  words  following: 

"  Resolved,  That  the  Attorney-General  of  this  State  be  requested 
to  furnish  forthwith  to  this  Convention  a  statement  of  the  number 
of  causes  actually  litigated  and  tried  before  the  Board  of  Claims 
during  the  last  five  years,  by  years,  together  with  a  statement  of 
the  time  when  each  cause  was  first  put  at  issue,  or  the  claim 
filed  in  said  court,  and  the  time  when  each  was  actually  tried  and 
disposed  of,  and  the  name  and  post-office  address  of  the  attorney 
for  each  claimant" 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 


428  JOURNAL  O#  THE 

Mr.  Tucker  presented  a  minority  report  from  the  Committee  on 
Suffrage  on  proposed  constitutional  amendment  No.  8,  introduced 
by  Mr.  Gilbert,  relative  to  the  qualification  of  voters.  (See 
Document  No  48.) 

On  motion  of  Mr.  Tucker,  said  report  was  ordered  printed. 
Mr.  President  announced  the  order  of  business,  General  Orders. 

The  Convention  went  in  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  I.  S.  Johnson,  from  said  committee, 
reported  as  follows: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  376,  entitled 
"Proposed  constitutional  amendment  to  provide  home  rule  for 
cities,"  reported  progress  in  same,  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Cookinham  moved  that  said  proposed  constitutional  amend- 
ment, together  with  all  amendments  and  the  substitutes  offered 
and  proposed  in  the  Committee  of  the  Whole,  be  printed. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Alvord  moved  that  said  proposed  constitutional  amendment 
be  made  a  special  order  for  to-morrow  morning,  immediately  after 
the  reading  of  the  Journal. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative,  two-thirds  of  all  the  Delegates  voting 
in  favor  thereof. 

On  motion  of  Mr.  M.  E.  Lewis,  at  1.20,  the  Convention  took  a 
recess  until  eight  o'clock. 


CONSTITUTIONAL  CONVENTION.  429 


EVENING  SESSION. 

i  Eight  o'clock  P.  M. 

The  Convention  again  met. 

Mr.  President  announced  the  special  order,  being  the  adverse 
report  of  the  Committee  on  Suffrage,  in  words  following: 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Tucker,  introductory  No.  194,  entitled  "Proposed  constitu- 
tional amendment  to  amend  article  2  of  the  Constitution,  so  as  to 
separately  submit  to  the  electors  of  this  State  the  question  of 
woman  suffrage,  reported  adversely  thereto. 

Debate  being  had  thereon,  pending  the  question,  on  motion  of 
Mr.  Cookinham,  at  10.05,  the  Convention  adjourned. 


Thursday,  August  9,  1894. 

The  Convention  met  pursuant  to  adjournment 

Prayer  by  Rev.  G.  M.  Heindel. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Wed- 
nesday, August  eighth,  was  dispensed  with. 

The  last  Kecord  appearing  upon  the  files  of  members  to-day  is 
of  date  August  third. 

By  unanimous  consent,  Mr.  McKinstry  offered  a  resolution  in 
words  following : 

"  Resolved,  That  the  Secretary  request  from,  the  clerk  of  each 
county  in  the  State  answers  to  the  following  questions: 

"  1st  Has  there  been  any  defalcation  by  a  county  treasurer  in 
your  county  during  the  last  thirty  years?  If  so,  state1  the  date 
and  amount  of  such  defalcation. 

"2d.  What  portion  of  such  defalcation  did  bondsmen  make 
good? 

"3d.  How  many  times  had  the  defaulting  treasurer  served? " 

Referred  to  the  Committee  on  County,  Town  and  Village  Officers. 

By  unanimous  consent,  Mr.  C.  B.  McLaughlin,  from  the  Com- 
mittee on  County,  Town  and  Village  Government,  to  which  was 
referred  several  proposed  constitutional  amendments  relating  to 
sections  22  (being  printed  No,  341)  and  23  (being  printed  No.  250) 


430  JOURNAL  OR  THE 

of  article  3,  and  section  9  (being  printed  Nos.  93  and  237),  and  11 
(being  printed  No.  237)  of  article  8;  also  section  22  of  article  3 
(being  printed  No.  55),  and  a  proposed  new  section  to  article  8,  to 
be  known  as  section  12  of  the  Constitution  (being  printed  No.  51), 
respectfully  reports,  that  the  committee  has  had  under  considera- 
tion, and  has  given  to  the  several  propositions  referred  to  it  careful 
consideration,  and,  as  a  result  of  its  deliberations,  report  that,  in 
its  judgment,  no  changes  should  be  made  to  the  present  Constitu- 
tion, as  contemplated  in  the  several  proposed  constitutional 
amendments  heretofore  referred  to<  it 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Crosby  moved  that  the  proposition  of  apportionment  pre- 
sented by  Mr.  E.  E.  Brown,  in  the  Committee  on  Legislative  Organ- 
ization, be  printed  as  a  proposed  amendment  and  placed  upon  the 
files  of  the  members  of  the  Convention. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  announced  the  Special  Order,  being  the  "Pro- 
posed constitutional  amendment  to  provide  home  rule  for  cities,'' 
No.  376-403. 

The  Convention  went  in  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  I.  S.  Johnson,  from  said  committee, 
reported  as  follows: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  376,  reprinted 
No.  403,  entitled  "  To  provide  home  rule  for  cities,"  reported  pro- 
gress in  same,  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Hotchkiss  moved  that  said  proposed  constitutional  amend- 
ment be  printed,  together  with  all  the  amendments  and  the  sub- 
stitutes offered  in  Committee  of  the  Whole,  and  it  was  determined 
in  the  affirmative. 

Mr.  Francis  moved  that  said  proposed  amendment  be  made  a 
special  order  for  to-morrow  morning  at  eleven  o'clock. 

Mr.  Lewis  moved  to  amend  by  making  said  proposed  constitu- 
tional amendment  a  special  order  immediately  after  reading  the 
Journal. 


CONSTITUTIONAL  CONVENTION.  431 

Mr.  Holls  moved,  as  a  substitute,  that  said  proposed  amendment 
be  placed  on  the  Calendar  at  the  head  of  General  Orders. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Holls,  and 
it  was  determined  in  the  affirmative. 

Mr.  Acker,  from  the  Committee  on  Finance  and  Taxation,  to 
which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  Cassidy,  introductory  No.  252,  entitled  "  Proposed 
constitutional  amendment  to  amend  sections  1,  2,  3,  4  and  5  of 
article  7  of  the  Constitution,  in  relation  to  the  canal  debts  and 
the  maintenance  of  canals,"  reported  in  favor  of  the  passage  of 
the  same  without  amendment. 

Mr.  Cady  moved  that  said  report  lay  upon  the  table  instead  of 
going  upon  General  Orders. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  McMillan  offered  a  resolution  in  words  following: 

Resolved,  That  General  Order  No.  1  (introductory  No.  73),  be 
recommitted  to  the  Committee  of  the  Whole  for  the  purpose  of 
amending,  by  adding  after  the  word  "passage,"  in  line  5,  page 
1,  tlie  following  w«>rds  :  u And  the  time  when  said  h'd/ printed  in 
its  final  for  >n>  was  placed  upon  thj  desks  of  the  members  shall  he 
entered  upon  the  journal  of  that  day  ;  "  so  that  said  proposed  con- 
stitutional amendment  shall  read  as  follows  : 

Section  15  of  article  3  is  hereby  amended  to  read  as  follows: 
No  hill  shall  he  passed  or  hecome  a  law  unless  it  shall  have  heen 
printed  and  upon  the  desks  of  the  memhers  in  its  final  form  at  least 
three  calendar  legislative  days  prior  to  its  final  passage  ;  and  the 
time  when  said  hill  printed  in  its  final  form  was  placed  upon  the 
desks  of  the  memhers  shall  he  entered  upon  the  journal  of  that  day  • 
unless  the  Governor,  or  the  acting  Governor,  shall  have  certified  to 
the  necessity  of  its  immediate  passage,  under  his  hand  and  the  seal 
of  the  State,  nor  shall  any  hill  he  passed  or  hecome  a  law  except  hy 
the  assent  of  a  majority  of  the  memhers  elected  to  each  hranch  of 
the  Legislature,  and  upon  the  last  reading  of  a  hill  no  amendment 
thereof  shall  he  allowed,  and  the  question  upon  its  final  passage 
shall  he  taken  immediately  thereafter  and  the  yeas  and  nays 
entered  on  the  'Journal. 


432  JOURNAL  OF  THE 

On  motion  of  Mr.  McMillan,  said  resolution  was  laid  upon  the 
table  and  ordered  printed. 

Mr.  Vedder,  from  the  Committee  on  Legislative  Powers  and 
Duties,  to  which  was  referred  the  constitutional  amendment 
introduced  by  Mr.  Barrow,  introductory  No.  81,  entitled  "  Proposed 
constitutional  amendment  to  amend  section  9  of  article  3  of  the 
Constitution,  in  regard  to  two-thirds  bills,"  reported  adversely 
thereto. 

Mr.  Barrow  moved  that  the  consideration  of  said  report  be  post- 
poned until  next  Wednesday  morning. 

Mr.  Dean  moved  to  lay  the  report  upon  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Dean,  and 
it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Barrow, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  assigned  George  B.  Munn  as  clerk  to  Select  Com- 
mittee on  Forestry. 

Mr.  Barhite  presented  a  memorial  from  the  Rochester  Chamber 
of  Commerce,  relative  to  discrimination  in  express  rates. 
Referred  to  Committee  on  Railroads. 

Mr.  Lester  presented  a  memorial  and  petition  of  citizens  of  Sara- 
toga, relative  to  the  method  of  elections  and  caucus  meetings. 
Referred  to  the  Committee  on  Suffrage. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance  as  follows:  For  to-day  and  to-morrow,  J.  I.  Green; 
for  to-morrow,  Mr.  Davis;  for  to-morrow  and  a  part  of  next  week, 
Mr.  I.  S.  Johnson;  for  Tuesday  next,  Mr.  Doty. 

Mr.  Mereness  moved  that  the  Convention  now  adjourn. 

Mr.  Moore  moved  to  amend  by  striking  out  the  words  "now 
adjourn,"  and  inserting  in  lieu  thereof  "  take  a  recess>  until  eight 
o'clock."  j 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Moore,  and 
it  was  determined  in  the  affirmative. 

And  at  one  o'clock  the  Convention  took  a  recess. 


CONSTITUTIONAL  CONVENTION.  433 

EVENING  SESSION. 

Eight  o'clock  P.  M. 

The  Convention  again  met.  , 

Mr.  President  announced  the  Special  Order,  being  the  pending 
question  on  agreeing  to  the  adverse  report  of  the  Committee  on 
Suffrage  on  the  proposed  constitutional  amendment,  printed 
No.  195,  "To  amend  article  2  of  the  Constitution,  so  as  to  sep- 
arately submit  to  the  electors  of  this  State  the  question  of  woman 
suffrage," 

Pending  the  question,  Mr.  Goodelle  moved  that  the  discussion 
of  this  question  be  closed  on  Tuesday  evening  next,  and  that  a 
vote  on  the  question  of  agreeing  to  the  report  of  the  committee  be 
taken  immediately  thereafter. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

By  vote  of  the  Convention,  Mr.  Kellogg  was  excused  from 
attendance  to-morrow. 

Mr.  Dean  moved  that  the  Convention  do  now  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Further  debate  being  had. 

On  motion  of  Mr.  Maybee,  at  10.50,  the  Convention  adjourned. 

Friday,  August  10,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  A.  K.  Duff. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Thurs- 
day, August  ninth,  was  dispensed  with. 

By  vote  of  the  Convention,  the  following  members  were 
excused  from  attendance:  For  Friday,  Messrs.  Lauterbach, 
Arnold,  Vedder,  Cornwell  and  Davies;  for  Tuesday  and  Wednes- 
day next,  Mr.  Durfee;  for  next  week,  Messrs.  Durnin  and  Chipp; 
for  Friday  and  Tuesday  next,  Mr.  Pool;  for  Thursday  and  Fri- 
day next,  Mr.  Bigelow. 

Mr.  Moore  presented  the  memorial  of  the  Flushing  Village 
Association  in  reference  to  pool  selling. 

Eeferred  to  the  Committee  on  Legislative  Powers  and  Duties, 

28 


434  JOURNAL  OF*  THE 

Mr.  President  presented  a  communication  prepared  by  Edwin 
C.  Rowley,  containing  statistics  relative  to  the  cost  of  printing 
the  official  ballots  in  the  various  counties  of  the  State. 

Mr.  Rowley  offered  a  resolution  in  words  following: 
Resolved,  That  2,000  copies  of  the  table  of  statistics  submitted 
by  Edwin  C.  Rowley  be  printed  for  the  use  of  this  Convention, 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Brown  offered  a  resolution  in  words  following : 
Resolved,  That  after  August  fifteenth,   sessions  of  the  Con- 
vention shall  be  held  every  day  in  the  week  except  Sunday;  and 
that  the  sessions  commence  at  10  A.  M.  and  at  3  o'clock  and  8 
o'clock  P.  M.,  except  that  no  session  be  held  on  Saturday  even- 
ing, until  further  ordered. 
Referred  to  the  Committee  on  Rules. 

The  Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  W.  H.  Steele,  introductory  No. 
322,  entitled  "  Proposed  constitutional  amendment  to  amend 
section  16  of  article  3  of  the  Constitution,  as  to  restrictions  on 
private  and  local  bills,"  reported  in  favor  of  the  passage  of  the 
same,  which  report  was  agreed  to,  and  said  amendment  was 
referred  to  the  Committee  of  the  Whole. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  recommitted,  retaining  its  place  on 
General  Orders,  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  Roche,  introductory  No.  99,  entitled  "  Proposed  con- 
stitutional amendment  to  .amend  article  3  by  the  addition  of  a  new 
section  prohibiting  the  Legislature  or  any  division  of  the  State, 
from  granting  pensions  to  any  civil  officers  or  employes,  not, 
however,  including  existing  police  and  fire  department  pension 
funds,"  reported  in  favor  of  the  passage  of  the  same,  with  some 
amendments,  which  report  was  agreed  to,  and  said  proposed  con- 
stitutional amendment  was  restored  to  its  place  on  General 
Orders. 

Mr.  Hawley,  from  the  Committee  on  Corporations,  reports  an 
original  proposed  constitutional  amendment,  entitled  "Proposed 


CONSTITUTIONAL  CONVENTION.  435 

constitutional  amendment  to  amend  article  8,  section  1  of  the 
Constitution,  relating  to  corporations,"  and  in  favor  of  the  pas- 
sage of  the  same,  which  report  was  agreed  to,  and  said  proposed 
constitutional  amendment  was  referred  to  the  Committee  of  the 
Whole. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
recommitted  the  proposed  constitutional  amendment  introduced 
by  Mr.  Hill,  introductory  No.  183,  entitled  "Proposed  constitu- 
tional amendment  to  amend  section  5  of  article  2  of  the  Con- 
stitution, relating  to  the  manner  of  elections,"  reported  in  favor 
of  the  passage  of  the  same,  without  amendment,  which  report 
was  agreed  to,  and  said  proposed  constitutional  amendment 
restored  to  its  place  on  General  Orders. 

By  unanimous  consent,  Mr.  Foote  offered  a  resolution  in 
words  following: 

Resolved,  That  four  additional  members  be  added  to  the  Com- 
mittee on  Revision  and  Engrossment. 

Resolved,  That  such  committee  be  authorized  to  have  all 
engrossing  done  by  typewriter. 

Mr.  President  put  the  question  on  said  resolutions,  and  they 
were  determined  in  the  affirmative. 

Mr.  E.  R.  Brown,  from  the  Select  Committee  on  Further 
Amendments  to  the  Constitution,  to  which  was  referred  the 
proposed  constitutional  amendment  introduced  by  Mr.  A.  H. 
Green,  introductory  No.  374,  entitled  "Proposed  constitutional 
amendment  to  amend  article  8  of  the  Constitution,  in  relation  to 
the  reports  of  public  officers,"  reported  that  the  same  has  been 
found  to  refer  to  a  subject  already  under  consideration  by  the 
Committee  on  State  Finances  and  Taxation,  and  has,  therefore, 
been  transmitted,  without  printing,  directly  to  said  committee 
for  its  information,  under  Rule  73. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Rights,  offered  a  resolution  in  words  following: 

Resolved,  That  the  Committee  on  Preamble  and  Bill  of  Rights 
be  discharged  from  the  further  consideration  of  bill  No.  377, 
introduced  by  Mr.  Church,  and  that  it  be  referred  to  some 
appropriate  committee. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
termined  in  the  affirmative,  and  said  proposed  constitutional 


436  JOURNAL  Otf  THE 

amendment    was    referred    to    the    Committee    on    Industrial 
Interests. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  a  resolution 
in  words  following: 

Resolved,  That  after  August  fifteenth  sessions  of  the  Conven- 
tion shall  be  held  every  day  in  the  week,  except  Sunday,  and 
that  the  sessions  be  held  from  10  A.  M.  till  1  P.  M.;  from  3  P.  M. 
to  5  P.  M.,  and  from  8  to  10  P.  M.,  unless  otherwise  specially 
ordered  by  the  Convention;  except  that  no  session  shall  be  held 
on  Saturday  evening. 

Mr.  Cochran  moved  to  amend  as  follows: 

"  So  that  no  session  shall  be  held  on  Friday  of  each  week 
after  the  afternoon  session,  and  then,  at  that  time,  there  shall 
be  an  adjournment  until  three  P.  M.  on  Mondays." 

Debate  being  had  thereon. 

Mr.  Root  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  amendment  offered  by 
Mr.  Cochran,  and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Blake,  Chipp,  Jr. ;  Deady,  Faber,  Fields,  Gibney, 
Giegerich,  Herzberg,  A.;  Hotchkiss,  Jenks,  Kerwin,  Maybee, 
Meyenborg,  Parmenter,  Peabody,  Roche,  Rowley,  Schumaker — 18. 

Noes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Alvord,  Baker, 
Banks,  Barhite,  Barnum,  Barrow,  Becker,  Bigelow,  Bowers, 
Brown,  E.  A.;  Brown,  E.  R.;  Burr,  Cady,  Carter,  Cassidy,  Church, 
Clark,  Or.  W.;  Clark,  H.  A.;  Cochran,  Coleman,  Cookinham, 
Countryman,  Crosby,  Danforth,  Davenport,  Dean,  Deterling,  Deyo, 
Dickey,  Doty,  Durfee,  Durnin,  Emmet,  Floyd,  Foote,  Forbes,  Fran- 
cis, Frank,  Andrew;  Frank,  Augustus;  Eraser,  Fuller,  C.  A.; 
Fuller,  O.  A.;  Galinger,  Gilbert,  Gilleran,  Goeller,  Green,  A.  H.; 
Griswold,  Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Hirschberg, 
M.  H.;  Holcomb,  Holls,  Hottenroth,  Jacobs,  Johnson,  J.;  Kinkel, 
Lester,  Lincoln,  Lyon,  Manley,  Mantanye,  Marks,  Marshall, 
McClure,  McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.; 
McLaughlin,  J.  W.;  Mereness,  Moore,  Morton,  Mulqueen,  Nichols, 
W.  H.;  Nicoll,  DeL.;  O'Brien,  Ohmeis,  Osborn,  Parker,  Park- 


CONSTITUTIONAL  CONVENTION.  437 

hurst,  Pashley,  Phipps,  Platzek,  Powell,  Pratt,  Putnam,  Rogers, 
Root,  Sandford,  Spencer,  Springweiler,  Steele,  A.  B.;  Steele, 
W.  H.;  Sullivan,  T.  A.;  Tekulsky,  Tibbetts,  Titus,  Truax,  C.  S.; 
Tucker,  Vogt,  Wellington,  Whitmyer,  Wiggins,  Williams,  Wood- 
ward, President  — 114. 

Mr.  Bowers  desired  to  offer  an  amendment  to  the  resolution 
offered  by  the  Committee  on  Rules. 

Mr.  President  ruled  that  the  previous  question  having  been 
ordered,  no  amendment  was  in  order. 

Mr.  Bowers  appealed  from  the  decision  of  the  Chair. 

Mr.  President  put  the  question  "  Shall  the  decision  of  the  Chair 
stand  as  the  judgment  of  the  Convention?"  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  then  put  the  question  on  the  adoption  of  the 
resolution  as  reported  by  the  Committee  on  Rules,  and  it  was 
determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Alvord,  Baker, 
Banks,  Barhite,  Barnum,  Barrow,  Becker,  Bigelow,  Blake,  Bowers, 
Brown,  E.  A.;  Brown,  E.  R.;  Burr,  Cady,  Campbell,  Carter,  Cas- 
sidy,  Church,  Clark,  G.  W.;  dark,  H.  A.;  Cochran,  Coleman,  Cook- 
inhani,  Danforth,  Davenport,  Deady,  Dean,  Deterling,  Deyo, 
Dickey,  Doty,  Durf ee,  Durnin,  Emmet,  Faber,  Fields,  Floyd,  Foote, 
Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser,  Fuller,  C.  A.; 
Fuller,  O.  A.;  Galinger,  Gibney,  Gilbert,  Gilleran,  Goeller,  Green, 
A.  H.;  Griswold,  Hamlin,  Hawley,  Hedges,  Herzberg,  A.;  Hill, 
Hirschberg,  M.  H.;  Holcomb,  Holls,  Hotchkiss,  Hottenroth, 
Jacobs,  Kerwin,  Kinkel,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lin- 
coln, Lyon,  Manley,  Mantanye,  Marks,  Marshall,  McArthur, 
McClure,  McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.; 
McLanghlin,  J.  W.;  Mereness,  Moore,  Morton,  Nichols,  W.  H.; 
Nicoll,  DeL.;  Nostrand,  O'Brien,  Osborn,  Parker,  Parkhurst, 
Pashley,  Phipps,  Platzek,  Porter,  Powell,  Pratt,  Putnam,  Rogers, 
Root,  Rowley,  Sandford,  Schumaker,  Smith,  Spencer,  Spring- 
weiler, Steele,  A.  B.;  Steele,  W.  H.;  Sullivan,  T.  A.;  Tekulsky, 
Tibbetts,  Titus,  Towns,  Truax,  C.  S.;  Tucker,  Vogt,  Whitmyer, 
Wiggins,  Williams,  Woodward,  President  — 124. 

Noes  —  0. 

Mr.  President  in  the  chair. 


438  JOURNAL  OPATHE 

Mr.  Burr  offered  a  resolution  in  words  following : 
Eesolved,  That  the  chairman  of  each  committee  report  on  the 
sixteenth  of  August  as  to  the  condition  of  the  business  before  it, 
and  be  requested  to  finally  report  upon  the  business  before  such 
committee  on  or  before  the  twenty-first. 

Mr.  Hirschberg  moved  to  amend  by  striking  out  "  twenty-first," 
and  inserting  in  lieu  thereof,  "  eighteenth." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Hirsch- 
berg, and  it  wasi  determined  in  the  negative. 

Mr.  Alvord  moved  to  lay  said  resolution  on  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Alvord, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  resolution  offered  by 
Mr.  Burr,  and  it  was  determined  in  the  affirmative. 

Mr.  M.  E.  Lewis  moved  that  the  consideration  of  General  Order 
•No.  13,  "To  provide  home)  rule  for  cities,"  be  made  a  special 
order  for  next  Tuesday  morning,  immediately  after  the  reading 
of  the  Journal. 

Mr.  President  put  the  question)  on  the  motion  of  Mr.  Lewis,  and 
it  was  determined  in  the  negative,  two-thirds  of  all  the  Delegates 
not  voting  in  favor  thereof. 

Mr.  Holcomb  moved  that  the  Convention  now  adjourn,  and  it 
was  determined  in  the  negative. 

Mr.  President  announced  the  following  members  as  additional 
members  of  the  Committee  on  Revision  and  Engrossment:  Mr. 
Bowers,  Mr.  Durfee,  Mr.  Deyo,  Mr.  O'Brien. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Lincoln,  from  said  committee, 
reported : 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment  reprinted  as  No.  405, 
entitled  "  To  provide  home  rule  for  cities,"  have  made  some  pro- 
gress in  the  same,  but  finding  no  quorum  present  reports  that 
fact  to  the  Convention.  > 

Mr.  President  directed  the  Secretary  to  call  the  roll  to  ascer- 
tain whether  a  quorum  was  present,  when  the  following  delegates 
answered  to  the  call  of  their  names: 


CONSTITUTIONAL  CONVENTION.  439 

Messrs.  Abbott,  Acker,  Ackerly,  Alvord,  Banks,  Barrow,  Becker, 
Blake,  Bowers,  Brown,  E.  R.;  Burr,  Cady,  Cassidy,  Chipp,  Jr.; 
Clark,  H.  A.;  Cochran,  Countryman,  Crosby,  Davenport,  Deady, 
Dean,  Deterling,  Dickey,  Doty,  Durfee,  Durnin,  Emmet,  Faber, 
Floyd,  Foote,  Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser, 
Galinger,  Gibney,  Giegerich,  Gilbert,  Gilleran,  Goeller,  Hamlin, 
Hawley,  Hecker,  Hedges,  Holcoinb,  Holls,  Hotchkiss,  John- 
son, J. ;  Kerwin,  Kimmey,  Kinkel,  Kurth,  Lester,  Lewis,  M.  E. ; 
Lincoln,  Lyon,  Manley,  Mantanye,  Marks,  Marshall,  Maybee, 
McArthur,  McClure,  McDonough,  Mclntyre,  McKinstry,  McMillan, 
Mereness,  Moore,  Mulqueen,  Nicoll,  De  L. ;  Nostrand,  O'Brien, 
Ohmeis,  Osborn,  Parker,  Parkhurst,  Pashley,  Peabody,  Peck, 
Phipps,  Platzek,  Powell,  Putnam,  Rogers,  Root,  Sandford,  Smith, 
Steele,  A.  B.;  Steele,  W.'H.;  Sullivan,  T.  A.;  Sullian,  W.;  Tekul- 
sky,  Titus,  Truax,  C.  S.;  Vedder,  Vogt,  Whitmyer,  Wiggins,  Wood- 
ward, President. 

A  quorum  being  present,  the  Convention  again  went  in  Com- 
mittee of  the  Whole,  and,  after  some  time  spent  therein,  Mr. 
Lincoln,  from  said  committee,  reported: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment  reprinted  as  No.  405, 
entitled  "  To  provide  home  rule  for  cities,"  reported  progress!  in 
same,  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
decided  in  the  affirmative. 

Mr.  M.  E.  Lewis  moved  that  said  proposed  amendment,  Gen- 
eral Order  No.  13,  be  made  a  special  order  for  next  Tuesday. 

Pending  the  question. 

On  motion  of  Mr.  M.  E.  Lewis,  at  12.40,  the  Convention 
adjourned. 


440  JOUENAL  OP  THE 

Tuesday,  August  14,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Eev.  A.  T.  Johnson. 

On  motion  of  Mr.  Acker,  the  reading  of  the  Journal  of  Friday, 
August  tenth,  was  dispensed  with. 

The  last  Record  appearing  upon  the  files  of  members  to-day 
is  of  date  August  ninth. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance:  For  to-day,  Mr.  Manley,  C.  H.  Truax;  for 
to-day  and  to-morrow,  Mr.  J.  I.  Green. 

Mr.  Chipp,  with  the  permission  of  the  Convention,  withdrew 
his  request  of  Friday  last  to  be  excused  from  attendance  during 
the  present  week. 

Mr.  President  stated  the  pending  question,  at  the  time  of 
adjournment  on  Friday  last,  was  the  consideration!  in  Committee 
of  the  Whole  of  the  proposed  constitutional  amendment  (reprinted 
No.  409),  "  To  provide  home  rule  for  cities,"  the  Committee  of  the 
Whole  having  arisen  for  the  purpose  of  adjournment  of  the 
Convention. 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Lincoln,  from  said  committee, 
reported : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  reprinted  No.  409,  entitled 
"  To  provide  home  rule  for  cities,"  reported  progress  in  same,  and 
asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Mulqueen  moved  that  said  proposed  constitutional  amend- 
ment, together  with  the  proposed  amendments  and  substitutes 
offered  in  Committee  of  the  Whole,  be  printed. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  presented  a  communication  from  the  Department 
cf  Taxes  and  Assessments,  of  New  York  city,  in  response  to  the 


CONSTITUTIONAL  CONVENTION.  441 

resolution  of  Mr.  I.  S.  Johnson,  relative  to  trust  companies  in  the 
city  of  New  York. 

On  motion  of  Mr.  Doty  the  same  was  ordered  printed  and  laid 
upon  the  files  of  members. 

On  motion  of  Mr.  Boot,  at  1.35,  the  Convention  took  a  recess 
until  eight  o'clock. 


EVENING  SESSION. 

Eight  o'clock  P.  M. 

The  Convention  again  met 

Mr.  President  announced  the  Special  Order,  being  the  question 
on  the  adverse  report  of  the  Committee  on  Suffrage  on  the  "  Pro- 
posed constitutional  amendment  to  amend  article  2  of  the  Con- 
stitution, so  as  to  separately  submit  to  the  electors  of  this  State 
the  question  of  woman  suffrage,"  printed  No.  195,  introductory 
No.  194. 

Mr.  Lauterbach  presented  petitions  from  New  York,  Erie, 
Cayuga,  Monroe  and  Washington  counties  in  favor  of  female  suf- 
frage, which  were  ordered  placed  in  the  archives  of  the 
Convention. 

After  extended  debate  being  had  thereon,  Mr.  Acker  in  the 
chair,  Mr.  Alvord  moved  that  the  Convention  now  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

And,  at  11.37,  the  Convention  adjourned. 


442  JOURNAL  OF.  THE 

Wednesday,  August  15,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  W.  1ST.  P.  Dailey. 

On  motion  of  Mr.  A.  H.  Green,  the  reading  of  the  Journal  of 
Tuesday,  August  fourteenth,  was  dispensed  with. 

Mr.  Dean  presented  a  memorial  from  a  State  Grange. 
Referred  to  the  Committee  on  State  Finances. 

Mr.  Doty  presented  a  memorial  from  citizens  of  Livingston 
county  relative  to  a  civil  damage  provision  in  the  Constitution. 

Referred  to  the  Committee  on  Powers  and  Duties  of  the 
Legislature. 

Mr.  Augustus  Frank  presented  a  memorial  on  the  same  subject. 
Referred    to   the   Committee  on   Powers   and   Duties   of   the 
Legislature. 

Mr.  Francis  presented  a  petition  relative  to  caucuses. 
Referred   to   the    Committee   on   Powers   and   Duties   of   the 
Legislature. 

By  vote  of  the  Convention,  the  following  persons  were  excused 
from  attendance  :  For  to-day,  Messrs.  Barnum,  Platzek;  for 
Thursday,  Mr.  Goeller;  for  Thursday  and  Friday,  Mr.  Herzberg 
and  Mr.  E.  R.  Brown;  for  Friday  and  Saturday,  Mr.  Corn  well; 
for  Saturday,  Mr.  Dickey  and  Mr.  Carter;  for  Saturday  and  Mon- 
day, Mr.  Tibbetts. 

378. —  By  unanimous  consent,  Mr.  Manley  presented  a  pro- 
posed amendment  to  the  Constitution  to  prohibit  the  use  of  land 
for  cemetery  purposes  without  the  consent  of  the  local  authorities. 

Referred  to  the  Select  Committee. 

379. —  By  unanimous  consent,  Mr.  A.  H.  Green  presented  a  pro- 
posed amendment  to  the  Constitution  to  abolish  the  office  of  Loan 
Commissioner. 

Referred  to  the  Select  Committee. 

Mr.  J.  Johnson  moved  that  General  Order  No.  13,  reprinted 
No.  410,  "To  provide  home  rule  for  cities,"  be  recommitted, 
together  with  all  amendments  and  substitutes  offered  and  pro- 


CONSTITUTIONAL  CONVENTION.  443 

posed,  to  the  Committee  on  Cities,  with,  instructions  to  report 
anew,  retaining  its  place  on  General  Orders. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  A.  H.  Green  moved  that  the  special  report  on  land  titles, 
General  Order  No.  5,  be  recommitted  to  the  Special  Committee 
on  that  subject,  retaining  its  place  on  General  Orders. 

Mr.  President  put  the  question  on  said  motion,    and    it   was 

determined  in  the  affirmative. 

i      i 

Mr.  Acker  offered  a  resolution  in  words  following: 
Resolved,  That  the  proposition  introduced  by  Andrew  H. 
Green,  and  reported  by  the  Select  Committee  on  Further  Amend- 
ments, and  referred  to  the  Committee  on  State  Finance  and  Tax- 
ation, entitled  "A  proposition  relating  to  moneys  collected  for 
the  State,  cities,  counties,  towns,  villages  and  school  districts," 
be  printed. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Doty  offered  a  resolution  in  words  following: 
Eesolved,  That  the  Secretary  transmit  to  each  county  clerk 
and  clerk  of  the  board  of  supervisors  of  each  county,  a  copy  of 
Document  No.  50,  relating  to  cost  of  printing  official  ballots, 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Cookinham  offered  a  resolution  in  words  following: 
Resolved,  That  the  Committee  on  Rules  be  directed  to  report  a 
rule  fixing  a  limit  on  debate  on  the  proposed  amendment  intro- 
duced by  Mr.  Tucker,  and  reported  adversely  by  the  Committee 
on  Suffrage. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

The  Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

Mr.  Jacobs  offered  a  preamble  and  resolution  in  words 
following : 

Whereas,  The  delegates  to  this  Convention  from  the  Sixth 
Senatorial  district,  were  unjustly  deprived  of  their  seats  and  pre- 


444  JOURNAL  OF  -THE 

vented  from  taking  any  part  in  the  deliberations  of  this  body, 
during  the  period  from  May  8,  1894,  to  August  2,  1894;  and, 

Whereas,  The  said  delegates  have  made  demand  upon  the 
proper  disbursing  officer  of  this  Convention,  for  their  mileage 
and  per  diem  allowance,  as  provided  by  law  for  said  period,  which 
demand  has  been  refused;  now,  therefore,  be  it 

Eesolved,  That  the  said  delegates  from  the  Sixth  Senatorial 
district,  are  entitled  to  the  mileage  provided  by  law,  and  to  the 
per  diem  allowance  of  ten  dollars,  for  every  day  during  the  period 
from  May  8,  1894,  to  and  including  August  2,  1894,  and  that 
the  President  of  this  Convention  be,  and  hereby  is,  requested  to 
certify  the  amount  thereof  to  the  State  Comptroller  for  payment. 

Debate  being  had  thereon,  it  was  tabled  under  the  rule. 

Mr.  Goodelle  moved  that  the  Special  Order  for  last  evening, 
being  the  adverse  report  of  the  Committee  on  Suffrage,  introduc- 
tory No.  194,  relating  to  woman  suffrage,  be  the  Special  Order  for 
this  evening. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  all  the  Delegates  vot- 
ing in  favor  thereof. 

Mr.  Francis,  from,  the  Committee  on  Preamble  and  Bill  of 
Eights,  made  the  following  report: 

All  proposed  constitutional  amendments  referred  to  the  Com- 
mittee on  Preamble  and  Bill  of  Bights  have  been  reported  except 
the  proposed  amendment  of  Mr.  Tekulsky,  printed  No.  232,  relat- 
ing to  divorces  and  lotteries,  which  is  withheld  by  the  committee 
for  the  purpose  of  considering  amendments  thereto  now  pending 
in  the  committee. 

August  15,  1894.  i 

J.  M.  FRANCIS, 

Chairman. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Rights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment, introduced  by  Mr.  Goodelle,  introductory  No.  261,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  6  of 
article  1  of  the  Constitution,  providing  that  in  all  criminal  prose- 
cutions the  party  accused  shall  be  confronted  with  the  witnesses 
against  him,"  reported  in  favor  of  the  passage  of  the  same,  which 


CONSTITUTIONAL  CONVENTION.  445 

report  was  agreed  to,  and  said  proposed  constitutional  amend- 
ment committed  to  the  Committee  of  the  Whole. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Eights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Francis,  introductory  No.  211,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  3  of 
article  1  of  the  Preamble  and  Bill  of  Eights,  in  regard  to  '  religious 
liberty/  "  reported  in  favor  of  the  passage  of  the  same,  with  some 
amendments,  which  report  was  agreed  to,  and  said  proposed  con- 
stitutional amendment  committed  to  the  Committee  of  the  Whole. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Eights,  introduced  a  proposed  constitutional  amendment,  entitled 
"  To  amend  article  1,  section  6,  relative  to  persons  answering  for 
capital  and  other  infamous  crime,"  introductory  No.  380,  printed 
No.  414,  which  was  read  and  referred  to  the  Committee  of  the 
Whole. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Eights,  introduced  a  proposed  constitutional  nmpmlment  "To 
amend  article  2,  section  17  of  the  Constitution,"  which  was  read 
and  referred  to  the  Committee  of  the  Whole. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Eights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Eoche,  introductory  No.  177,  entitled 
"Proposed  constitutional  amendment  to  amend  the  Constitution 
relative  to  the  distribution  of  the  powers  of  government,"  reported 
in  favor  of  the  passage  of  the  same,  with  some  amendments,  which 
report  was  agreed  to,  and  said  proposed  constitutional  amend- 
ment committed  to  the  Committee  of  the  Whole. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Eights,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Parker,  introductory  No.  327, 
entitled  "Proposed  constitutional  amendment  to  amend  section 
7  of  article  1  of  the  Constitution,  so  as  to  include  therein  the 
right  to  construct  and  maintain  necessary  drains  and  ditches  for 
agricultural  purposes  across  the  lands  of  others,"  reported  in 
favor  of  the  passage  of  the  same,  which  report  was  agreed  to, 
and  said  proposed  constitutional  amendment  committed  to>  the 
Committee  of  the  Whole. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  recommitted  the  proposed  constitu- 


446  JOURNAL  OF  THE 

tional  amendment  introduced  by  Mr.  McMillan,  introductory  No. 
11,  General  Order  No.  3,  entitled  "Proposed  constitutional 
amendment  to  amend  section  16  of  article  3  of  the  Constitution 
of  the  State  of  New  York,  relating  to  legislation,"  reported  in 
favor  of  the  passage  of  the  same,  with  some  amendments,  which 
report  was  agreed  to,  and  said  proposed  constitutional  amend- 
ment was  restored  to  its  place  on  General  Orders. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introducd  by  Mr.  Nichols,  introductory  No.  352, 
entitled  "  Proposed  constitutional  amendment  to  add  a  new 
article  regarding  soldiers  and  sailors'  homes  of  the  State  of  New 
York,"  reported  In  favor  of  the  passage  of  the  same,  with  some 
amendments,  which  report  was  agreed  to,  and  said  proposed  con- 
stitutional amendment  committed  *to  the  Committee  of  the 
Whole. 

Mr.  Dean  dissented  from  said  report. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Foote,  introductory  No.  325, 
entitled  "Proposed  constitutional  amendment  to  amend  section 
7  of  article  1,  to  authorize  the  Legislature  to  provide  for  the 
construction  of  dams  and  reservoirs  for  the  improvement  of  water 
powers  and  to  assess  the  expense  thereof  upon  the  property  bene- 
fited," reported  in  favor  of  the  passage  of  the  same,  with  some 
amendments,  which  report  was  agreed  to,  and  said  proposed  con- 
stitutional amendment  committed  to  the  Committee  of  the 
Whole. 

Mr.  Vedder  dissented  from  said  report. 

Mr.  Hawley,  from  the  Committee  on  Corporations,  presented 
the  minority  report  of  said  committee  on  proposed  constitutional 
amendment  No.  395,  introductory  No.  375,  entitled  "Proposed 
constitutional  amendment  as  to  trusts  or  combinations,"  which 
same  was  ordered  printed. 

Mr.  Gilbert,  from  the  Committee  on  Industrial  Interests,  to 
which!  was  referred  the  proposed  constitutional  ^amendment 
introduced  by  Mr.  Gilbert,  introductory  No.  321,  entitled  "Pro- 
posed constitutional  amendment  to  amend  article  3  of  the 
Constitution,  byj  providing  for  the  establishment  of  boards  of 


CONSTITUTIONAL  CONVENTION.  447 

arbitration,"  reported  in  favor  of  the  passage  of  the  same,  with 
some  amendments,  which  report  was  agreed  to,  and  said  pro- 
posed constitutional  amendment  committed  to  the  Committee  of 
the  Whole. 

Mr.  Hawley  moved  that  the  chairmen  of  the  several  committees 
be  requested  to  report,  verbally,  to-morrow  morning,  the  state 
of  business  before  their  committees. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  A.  H.  Green,  from  the  Special  Committee  on  Transfer  of 
Land  Titles,  to  which  was  recommitted  the  report  of  said  com- 
mittee on  said  subject,  General  Order  No.  5,  retaining  its  place  on 
General  Orders,  reported  the  same  in  the  form  of  a  "  Proposed 
constitutional  amendment,"  which  report  was  agreed  to,  and  said 
proposed  constitutional  amendment  was  read  and  restored  to  its 
place  in  General  Orders. 

Mr.  President  announced  the  Special  Order,  being  the  adverse 
report  of  the  Committee  on  Legislative  Powers  and  Duties,  in 
words  following: 

Mr.  Vedder,  from  the  Committee  on  Legislative  Powers  and 
Duties,  to  which  was  referred  the  proposed  constitutional  amend- 
ment introduced  by  Mr.  Barrow,  introductory  No.  81,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  9,  article 
3  of  the  Constitution,  in  regard  to  two-thirds  bills,"  reported 
adversely  thereto. 

Mr.  Goodelle  moved  that  the  consideration  of  said  subject  be 
postponed  until  Wednesday  morning,  August  twenty-second. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  all  the  Delegates 
voting  in  favor  thereof. 

Mr.  Root,  from  the  Committee  on  Judiciary,  reported  in  writ- 
ing, and  by  "  Proposed  constitutional  amendment  to  amend 
article  6  of  the  Constitution,  relating  to  the  judiciary,"  introduc- 
tory No.  383,  printed  No.  422,  which  amendment  was  read  and 
referred  to  the  Committee  of  the  Whole,  and  on  motion  of  Mr. 
Durfee,  the  accompanying  written  report  was  ordered  printed. 

Mr.  Vedder  moved  that  5,000  extra  copies  of  said  report  be 
printed  for  the  use  of  the  Convention. 


448  JOURNAL  OF  THE 

On  motion  of  Mr.  Hamlin,  and  by  unanimous  consent,  said 
motion  to  print  was  considered,  without  being  referred  to  the 
Committee  on  Printing,  and  it  was  granted. 

Mr.  McMillan,  from  the  Committee  on  Rules,  reported  as  fol- 
lows, in  relation  to  the  consideration  of  the  adverse  report  of  the 
Committee  on  Suffrage,  relating  to  woman  suffrage: 

Resolved,  That  the  limit  on  debate  shall  be  three  hours.  The 
Convention  shall  set  from  three  to  five  o'clock  this  day,  and 
again  at  eight  P.  M.  The  time  from  three  to  three  thirty  shall 
be  given  to  those  sustaining  the  adverse  report.  The  time  from 
three  thirty  to  five,  shall  be  given  to  those  opposing  the  report, 
and  the  time  from  eight  to  nine,  shall  be  given  to  those  sustain- 
ing the  report.  And  that  the  vote  be  taken  at  nine  P.  M. 

Mr.  McClure  moved  to  amend  by  striking  out  that  portion  of 
the  resolution  relating  to  holding  an  afternoon  session;  that  the 
evening  session  commence  at  seven  o'clock;  that  the  same  allot- 
ment of  time,  from  seven  o'clock,  be  carried  out,  and  the  final 
vote  be  taken  at  ten  o'clock,  and  that  the  subject  be  made  a 
Special  Order  for  seven  o'clock. 

Mr.  Dean  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Dean,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McClure, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  the  resolu- 
tion, as  amended,  and  it  was  determined  in  the  affirmative,  two- 
thirds  of  all  the  members  elected  voting  in  favor  thereof. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Arnold,  introductory  No.  115, 
entitled  "  Proposed  constitutional  amendment  to  amend  article 
3,  section  18,  by  requiring  all  private  and  local  bills  to  be  printed 
in  the  locality  affected  thereby,"  reported  adversely  thereto. 

Messrs.  Roche  and  Dean  dissented  from  said  report. 

Debate  being  had  thereon,  Mr.  Clio-ate  moved  the  previous 
question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  449 

Mr.  President  put  the  question  on  the  adoption  of  the  report 
of  the  committee,  and  it  was  determined  in  the  negative. 

And  said  proposed  constitutional  amendment  was  referred  to 
the  Committee  of  the  Whole. 

Mr.  President  announced  the  General  Orders. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Acker,  from  said  committee, 
reported : 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  382,  entitled 
u  Proposed  constitutional  amendment  to  amend  section  10  of 
article  3  of  the  Constitution,"  have  gone  through  with  the  same, 
have  made  an  amendment  thereto,  and  instructed  the  chairman 
to  report  the  same  to  the  Convention,  and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative,  and  said  amendment 
was  referred  to  the  Committee  on  Revision  and  Engrossment. 

On  motion  of  Mr.  Mantanye,  at  1  o'clock,  the  Convention  took 
a  recess  until  7  o'clock  P.  M. 


EVENING    SESSION. 

Seven  o'clock  P.  M. 
The  Convention  again  met. 

Mr.  President  announced  the  Special  Order,  being  the  ques- 
tion on  agreeing  to  the  adverse  report  of  the  Committee  on 
Suffrage,  on  the  proposed  constitutional  amendment  introduced 
by  Mr.  Tucker,  introductory  No.  194,  printed  No.  195,  "  To  amend 
article  2  of  the  Constitution,  so  as  to  separately  submit  to  the 
electors  of  this  State  the  question  of  woman  suffrage." 

Extended  debate  being  had  thereon,  and  the  hour  of  ten 
o'clock  having  arrived,  pursuant  to  the  order  of  the  Convention, 
Mr.  President  put  the  question  on  agreeing  to  the  adverse  report 
of  the  Committee  on  Suffrage,  and  it  was  determined  in  the 
affirniatiA'e. 

Ayes — -Messrs.  Acker,  Allaben,  Alvord,  Baker,  Banks,  Bar- 
iiurn,  Barrow,  Becker,  Bowers,  Brown,  E.  A.;  Brown,  E.  E.;  Burr, 
Cady,  Clark,  G.  W.;  Clark,  H.  A.;  Cochran,  Cookinham,  Danforth, 

29 


450  JOURNAL  Otf  THE 

Davenport,  Davies,  J.  0.;  Davis,  G.  A.;  Deady,  Deterling,  Deyo, 
Doty,  Durfee,  Emmet,  FarreU,  Foote,  Forbes,  Francis,  Frank, 
Andrew;  Fuller,  G.  A.;  Galinger,  Gibney,  Giegerich,  Goeller, 
Goodelle,  Green,  A.  H.;  Griswold,  Hamlin,  Hawley,  Hecker,  Hill, 
Hirschberg,  M.  H.;  Holls,  Hotchkiss,  Hottenroth,  Jacobs,  John- 
son, J.;  Johnston,  R  M.;  Kellogg,  Kimmey,  Kinkel,  Kurth,  Lester, 
Lewis,  G.  H.;  Lewis,  M.  E.;  Lyon,  Mantanye,  Marks,  Marshall, 
McCurdy,  Mclntyre,  McLaughlin,  G.  B.;  McMillan,  Mereness, 
Meyenbor,?,  Nichols,  Nicoll,  De  L.;  No-strand,  G'Brien,  Ohtncis, 
Parkhurst,  Parmenter,  Pashley,  Peabody,  Peck,  Platzek,  Porter, 
Pratt,  Putnam,  Root,  Spencer,  Steele,  A.  B.;  Steele,  W.  H.;  Storm, 
Sullivan,  T.  A.;  Tekulsky,  Truax,  C.  H.;  Turner,  Vogt,  Welling- 
ton, Whitmyer,  Wiggins,  Williams,  Woodward,  President  —  98. 

Noes  —  Messrs.  Abbott,  Ackerly,  Arnold,  Barhite,  Blake,  Camp- 
bell, Carter,  Gassidy,  Ghipp,  Jr. ;  Church,  Goleman,  Gornwell,  Coun- 
tryman, Crosby,  Dean,  Dickey,  Durnin,  Fields,  Floyd,  Frank, 
Augustus;  Fraser,  Gilbert,  Gilleran,  Hedges,  Holcomb,  Jenks, 
Kerwin,  Lauterbach,  Lincoln,  Manley,  Maybee,  McArthur,  McDon- 
ough,  McKinstry,  McLaughlin,  J.  W.;  Moore,  Morton,  Mulqueen, 
Gsborn,  Parker,  Phipps,  Pool,  Powell,  Redman,  Roche,  Rowley, 
Sardford,  Schumaker,  Smith,  Speer,  Springweiler,  Sullivan,  W.; 
Tibbetts,  Titus,  Towns,  Tucker,  Vedder,  Veeder  — 58. 

When  the  name  of  Mr.  C.  S.  Truax  was  called,  he  stated  that 
he  was  paired  with  Mr.  McClure,  otherwise  he  would  have  voted 
in  the  negative. 

When  the  name  of  Mr.  G.  A.  Fuller  was  called,  he  stated  that 
lie  was  paired  with  Mr.  I.  S.  Johnson,  otherwise  he  would  have 
voted  in  the  affirmative. 

When  the  name  of  Mr.  Rogers  was  called,  he  stated  that  he 
was  paired  with  Mr.  Bigelow,  otherwise  he  would  have  voted  in 
the  affirmative. 

Gn  motion  of  Mr.  Cookinham,  at  11.24,  the  Convention 
adjourned.  t 


CONSTITUTIONAL  CONVENTION.  451 

Thursday,  August   16,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  M.  Schlesinger. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Wed- 
nesday, August  fifteenth,  was  dispensed  with. 

The  last  Record  appearing  to-day  upon  the  files  of  members 
is  of  date  August  tenth. 

By  vote  of  the  Convention  the  following  members  were  excused 
from  attendance  as  follows:  For  Thursday,  Mr.  Acker,  Mr. 
Kerwin;  for  Friday,  Mr.  Lester;  for  Saturday,  Messrs.  .M.  E. 
Lewis,  Jenks,  Arnold,  Griswold,  Wiggins,  Peck,  Goodelle  for 
Friday  and  Saturday,  Mr.  Hottenroth,  Mr.  Kimmey,  Mr.  Lauter- 
bach;  for  Saturday  and  Monday,  Messrs.  Deyo,  Porter,  Deady, 
Forbes,  Mantanye,  Springweiler;  for  Monday  and  Tuesday,  Mr. 
Abbott;  for  Monday,  Messrs.  H.  A.  Clark,  Mul  queen,  McClure, 
A.  B.  Steele;  until  next  Tuesday,  Messrs,  Jenks,  Pool,  A.  H. 
Green;  for  Thursday,  Friday  and  Saturday,  Mr.  0.  S.  Truax;  until 
Wednesday,  Mr.  Farrell. 

Mr.  Parmenter,  from  the  Committee  on  Judiciary,  presented  a 
minority  report  of  that  committee  on  the  judiciary  article,  which 
was  ordered  printed. 

Mr.  Parkhurst,  from  the  Committee  on  County,,  Town  and  Vil- 
lage Officers,  reported  the  resolution  referred  to  it  introduced  by 
Mr.  McKinstry,  and  recommend  its  adoption  in  words  following  : 

Resolved,  That  the  Secretary  request  from  the  clerk  of  each 
county  in  the  State  answers  to  the  following  questions  : 

First.  Has  there  been  any  defalcation  by  a  county  treasurer 
in  your  county  during  the  last  thirty  years  ?  If  so,  state  the 
date  and  amount  of  such  defalcation. 

Second.  What  portion  of  such  defalcation  did  bondsmen  make 
good  ? 

Third.    How  many  terms  had  the  defaulting  treasurer  served  ? 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Gilbert  offered  a  resolution  in  words  following  : 
Resolved,  That  the  Committee  on  Industrial  Interests  be  dis- 
charged from  the  further  consideration  of  proposed  amendment, 


452  JOURNAL  OF  THE 

introductory  No.  95,  entitled  "Proposed  constitutional  amend- 
ment  to  amend  article  8  of  the  Constitution,  by  adding  a  new 
section  prohibiting  monopolies  and  trusts,"  on  the  ground  that 
the  Committee  on  Corporations  and  Institutions  not  otherwise  • 
specified  in  the  rules,  have  reported  a  proposed  amendment 
covering  the  same  subject  matter,  as  appears  from  General 
Order  No.  27. 

Mr.  Francis,  from  the  Committee  on  Preamble  and  Bill  of 
Rights,  introduced  a  proposed  amendment  "To  amend  section  10, 
article  1  of  the  Constitution,  in  relation  to  the  suppression  of 
gambling,"  which  was  read  and  referred  to  the  Committee  of 
the  Whole. 

By  unanimous  consent,  Mr.  McKinstry  offered  a  resolution  in 
words  following  :  [ 

Resolved,  That  3,500  extra  copies  of  the  debates  of  Wednes- 
day evening,  August  eighth,,  Thursday  evening,  August  ninth, 
Tuesday  evening,  August  fourteenth,  and  Wednesday  evening, 
August  fifteenth,  be  printed  for  the  use  of  members  of  the 
Convention.  , 

Referred  to  the  Committee  on  Printing. 

Mr.  President  announced  the  General  Orders. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Bush,  from  said  committee, 
reported  in  words  following: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  364,  entitled 
"  To  amend  section  7  of  article  7,  relating  to  Salt  Springs,"  have 
gone  through  with  the  same,  have  made  some  amendments 
thereto,  and  instructed  the  chairman  to  report  the  same  to  the 
Convention,  and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

And  said  amendment  was  referred  to  the  Committee  on  Revis- 
ion and  Engrossment. 

Messrs.  Dean  and  Moore  desired  to  be  recorded  as  voting  in 
the  negative  on  the  question  of  ordering  said  amendment  to  a 
third  reading. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein  Mr.  Moore,  from  said  committee, 
reported  in  words  following  : 


CONSTITUTIONAL  CONVENTION.  453 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  418,  entitled 
"To  amend  article  3  of  the  Constitution  of  the  State  of  New 
York,  relating  to  legislation,"  have  gone  through  with  the  same, 
have  made  some  amendments  thereto,  and  instructed  the  chair- 
man to  report  the  same  to  the  Convention,  and  recommend  its 
passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

And  said  amendment  was  referred  to  the  Committee  on  Kevis- 
ion  and  Engrossment. 

Mr.  Vedder  offered  a  resolution  in  words  following  : 
Kesolved,   That    5,000     copies    of    the    minority     report    of 

the  Judiciary  Committee  on  the  judiciary  article,  be  printed  for 

the  use  of  the  Convention. 
Keferred  to  the  Committee  on  Printing. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  the  hour  of  one  o'clock  having  arrived, 
Mr.  President  resumed  the  chair  and  declared  the  Convention  in 
recess  until  three  o'clock. 


AFTERNOON    SESSION.  ; 

Three  o'clock  P.  M. 

The  Convention  again  met,  Mr.  Alvord,  First  Vice-President^ 
in  the  chair,  and  proceeded  in  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  C.  B.  McLaughlin,  from  said  com- 
mittee, reported  in  words  following  : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  380,  entitled 
"  To  amend  article  1  of  the  Constitution,,  as  to  damages  for  the 
loss  of  human  life,"  have  made  some  progress  in  the  same,  but 
not  having  gone  through  therewith  and  finding  no  quorum  pres- 
ent, instructed  the  chairman  to  report  that  fact  to  the 
Convention. 

Mr.  President  directed  the  Secretary  to  call  the  roll,  to  ascer- 
tain if  a  quorum  was  present,  when  the  following  delegate! 
answered  to  the  call  of  their  names : 


454  JOURNAL  OF  THE 

Messrs.  Abbott,  Ackerly,  Alvord,  Arnold,  Banks,  Barrow, 
Becker,  Bowers,  Burr,  Bush,  Campbell,  Carter,  Cassidy,  Clark, 
G-.  W.;  Clark,  H.  A.;  Cochran,  Coleman,  Deady,  Dean,  Deterling, 
Deyo,  Dickey,  Doty,  Durf  ee,  Durnin,  Floyd,  Foote,  Frank,  Andrew ; 
Frank,  Augustus;  Fuller,  C.  A.;  Galinger,  Giegerich,  Gilbert, 
Gilleran,  Groodelle,  Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Hirsch- 
berg,  M.  H. ;  Holls,  Johnson,  J. ;  Kellogg,  Kimmey,  Kinkel,  Kurth, 
Lauterbach,  Lester,  Lewis,  M.  E.;  Lincoln,  Mantanye,  Marks, 
Marshall,  Maybee,  McArthur,  McClure,  McCurdy,  McDonough, 
Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mereness, 
Meyenborg,  Moore,  Morton,  Nichols,  W.  H.;  Nicoll,  De  L.;  Nos- 
trand,  O'Brien,  Osborn,  Parker,  Parmenter,  Peabody,  Phipps,  Pool, 
Porter,  Pratt,  Putnam,  Redman,  Roche,  Rogers,  Root,  Sandford, 
Schumaker,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Tekulsky,  Tib- 
betts,  Titus,  Towns,  Truax,  C.  H.;  Truax,  C.  S.;  Tucker, 
Turner,  Veeder,  Vogt,  Wellington,  Wiggins,  Williams,  Woodward, 
President 

On  motion  of  Mr.  Dean,  further  calling  of  the  roll  was  dis- 
pensed with.  | 

A  quorum  being  found  to  be  present,  the  Convention  again 
proceeded  in  Committee  of  the  Whole,  and,  after  some  time  spent 
therein;,  Mr.  C.  B.  McLaughlin,  from  said  committee,  reported 
in  words  following  :  j 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  380,  entitled 
"  To  amend  article  1  of  the  Constitution,  as  to  damages  for  the 
loss  of  human  life,"  have  gone  through  with  the  same,  have  made 
an  amendment  thereto,,  and  instructed  the  chairman  to  report 
the  same  to  the  Convention,  and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

And  said  amendment  was  referred  to  the  Committee  on  Revis- 
ion and  Engrossment. 

The  Convention  again  proceeded  in  Committee  of  the  Whole, 
ajnd  after  some  time  spent  therein,  the  hour  of  five  o'clock  having 
arrived,  Mr.  President  resumed  the  chair  and  declared  the  Con- 
vention in  recess  until  eight  o'clock. 


CONSTITUTIONAL  CONVENTION.  455 

EVENING  SESSION. 
s  Eight  o'clock,  P.  M. 

The  Convention  again  met  and  proceeded  in  Committee  of  the 
Whole,  and,  after  some  time  spent  therein,  Mr.  Durfee,  from  said 
committee,  reported  in  words  following  : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment^  printed  No.  385,  entitled 
"To  amend  section  7  of  article  1  of  the  Constitution,  relating 
to  the  taking  of  private  property  for  public  use,"  have  made  some 
progress  in  same,  but  not  having  gone  through  therewith,  have 
instructed  the  chairman  to  report  that  fact  to  the  Convention, 
and  ask  leiave  to  sit  again. 

The  question  being  on  granting  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  negative. 

Ayes  —  Messrs.  Arnold,  Barrow,  Blake,  Bowers,  Campbell, 
Carter,  Cassidy,  Coleman,  Cornwell,  Davenport,  Dean,  Deyo, 
Dickey,  Durfee,  Fitzgerald,  Forbes,  Galinger,  Gibney,  Giegerich, 
Gilleran,  Green,  A.  H.;  Green,  J.  I.;  Hecker,  Hedges,  Hirschberg, 
M.  H.;  Hotchkiss,  Hottenroth,  Kinkel,  Mantanye,  Marks, 
McArthur,  McDonough,  McLaughlin,  J.  W.;  Meyenborg,  Morton, 
Mulqueen,  Nicoll,  De  L. ;  Nostrand,  Parker,  Pashley,  Peabody, 
Peck,  Porter,  Powell,  Pratt,  Putnam,  Rogers,  Speer,  Springweiler, 
Sullivan,  W.;  Titus,  Towns,  Tucker,  Turner,  Veeder/ Vogt,  Whit- 
myer,  Williams,  Woodward  —  59. 

Noes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Alvord,  Baker, 
Banks,  Barhite,  Barnum,  Becker,  Brown,  E.  A.;  Cady,  Church, 
Clark,  H.  A.;  Cochran,  Cookinhain,  Countryman,  Crosby,  Deady, 
Deterling,  Doty,  Emmet,  Floyd,  Foote,  Francis,  Frank,  Andrew; 
Frank,  Augustus;  Fraser,  Fuller,  O.  A.;  Gilbert,  Hawley,  Hill, 
Holcomb,  Holls,  Johnson,  J.;  Johnston,  R  M.;  Kellogg,  Kimmey, 
Kurth,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon,  Manley,  Mar- 
shall, Maybee,  McCurdy,  Mclntyre,  McKinstry,  McLaughlin,  C.  B. ; 
McMillan,  Mereness,  Moore,  Nichols,  W.  H.;  O'Brien,  Osborn, 
Parkhurst,  Phipps,  Pool,  Boot,  Sandford,  Schumaker,  Steele,  A.  B.; 
Steele,  W.  H.;  Sullivan,  T.  A.;  Tibbetts,  Vedder,  Wellington, 
President— 69. 

The  hour  of  10.07  having  arrived,  Mr.  President  declared  the 
Convention  adjourned. 


456  JOURNAL  OF  THE 


Friday,  August  17,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  J.  J.  Thomson. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Thurs- 
day, August  sixteenth,  was  dispensed  with. 

The  last  Record  appearing  upon  the  files  of  members  to-day,  is 
of  date  August  tenth. 

By  vote  of  the  Convention,  tihe  .following  members  were 
excused  from  attendance,  as  follows:  For  Saturday,  Messrs. 
Spencer,  Towns,,  Danforth;  for  Saturday  and  Monday,  Messrs. 
Coleman,  Towns,  Manley;  until  Monday  afternoon,  Messrs.  Kel- 
logg, Pannenter,  Bowers,  Becker,  Augustus  Frank,,  Roche,  Bush; 
for  Monday,  Messrs.  Pashley,  Hirschberg,  Meyenborg;  for  Sat- 
urday afternoon,  Messrs.  C.  B.  McLaughlin,  Giegerich;  until 
Monday,  Mr.  Hotchkiss;  until  Wednesday,  Mr.  Andrew  Frank; 
until  Tuesday,  Mr.  Gilbert. 

Mr.  President  announced  the  pending  question,  under  Rule  29, 
at  the  time  of  adjournment  last  evening,  to  be  upon  the  disposi- 
tion of  "  Proposed  constitutional  amendment  to  amend  section  7 
of  article  1  of  the  Constitution,  relating  to  the  taking  of  private 
property  for  public  use,"  General  Order  No.  18,  printed  No.  385, 
introductory  No.  364,  the  Committee  of  the  Whole  having  been 
refused  leave  to  sit  again  by  the  Convention. 

Mr.  Cochran  moved  to  lay  the  question  upon  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr..  Root  moved  that  said  proposed  constitutional  amendment! 
be  rejected  entire. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root,  and 
it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Alvord,  Baker,  Barhite, 
Barnum,  Becker,  Brown,  E.  A.;  Cady,  Cassidy,  Chipp,  Jr.;  Church, 
Clark,  H.  A.;  Cookinham,  Countryman,  Crosby,  Deady,  Doty. 
Emmet,  Floyd,  Foote,  Francis,  Frank,  Augustus;  Fuller,  O.  A.; 
Gilbert,  Goodelle,  Hamlin,  Hawley,  Hill,  Johnson,  J.;  Kimmey, 
Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon,  Manley,  Marshall, 
Maybee,  McOurdy,  Mclntyre,  McLaughlin,  C.  B.;  McMillan,  Mere- 


CONSTITUTIONAL  CONVENTION.  457 

ness,  Moore,  Nichols,  W.  H.;  O'Brien,  Osborn,  Parkhurst,  Par- 
inenter,  Phipps,  Pool,  Putnam,  Redman,  Root,  Schumaker, 
Spencer,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.; 
Tibbetts,  Towns,  Vedder,  Wellington,  Whitmyer,  Wiggins,  Presi- 
dent—68. 

Noes  —  Messrs.  Arnold,  Barrow,  Blake,  Bowers,  Burr,  Bush, 
Campbell,  Carter,  Cochran,  Coleman,  Danforth,  Davenport,  Davis, 
G.  A.;  Dean,  Deterling,  Deyo,  Dickey,  Durfee,  Fitzgerald,  Forbes, 
Frank,  Andrew;  Fuller,  C.  A.;  Galinger,  Gibney,  Giegerich, 
Ooeller,  Green,  A.  H.;  Green,  J.  L;  Griswold,  Hecker,  Hedges, 
Hirschberg,  M.  H.;  Holcomb,  Holls,  Hotchkiss,  Hottenroth, 
Jacobs,  Johnston,  K.  M.;  Kinkel,  Kurth,  Mantanye,  Marks, 
Me  Arthur,  McClure,  McDonough,  McKinstry,  McLaughlin,  J.  W.; 
Meyenborg,  Morton,  Mulqueen,  Nicoll,  DeL.;  Nostrand,  Ohmeis, 
Parker,  Pashley,  Peabody,  Peck,  Porter,  Powell,  Pratt,  Roche, 
Rogers,  Rowley,  Sandford,  Smith,  Springweiler,  Titus,  Tucker, 
Turner,  Veeder,  Vogt,  Woodwaird  —  72. 

Mr.  Moore  moved  that  said  constitutional  amendment  be  com- 
mitted to  the  Judiciary  Committee. 

Mr.  Marks  moved  to  amend  as  follows:  By  striking  out 
"Judiciary  Committee,"  and  inserting  in  lieu  thereof,  "Com- 
mittee of  the  Whole." 

Mr.  Bowers  moved  to  lay  the  whole  subject  oni  the  table. 

Mr.  President  put  the  question  on  >said?  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Marks, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  presented  a  petition  of  citizens  of  Buffalo,  rela- 
tive to  caucuses  and  elections. 

Referred  to  the  Committee  on  Suffrage. 

Also,  a  petition  of  H.  G.  Paine  and  others,  relative  to  civil 
service.  ' 

Referred  to  the  Select  Committee;  also,  Civil  Service  Com- 
mittee. 

Mr.  Becked  moved  that  the  time  for  the  Committee  on  Legis- 
lative Organization  to  make  final  report,  be  extended  until 
Friday  next. 


458  JOURNAL  OF, THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
determined  in  the  affirmative. 

Mr.  Mulqueen  moved  that  the  session  of  to-morrow  be  dis- 
pensed with. 

Mr.  Pratt  moved  to  amend  by  adding  after  the  word  "  to-mor- 
row," the  word  "afternoon." 

The!  Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

Debate  being  had  thereon. 

Mr.  Acker  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Pratt, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mulqueen, 
and  it  was  determined  in  the  negative. 

Mr.  Moore  moved  that  the  Committee  on  Printing  be  instructed 
to  have  placed  on  the  files  of  members,  on  Monday  morning  next, 
Document  No.  15,  as  corrected. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Roche  moved  that  the  Committee  on  Printing  be  instructed 
to  have  placed  on  the  files  of  members,  on  Monday  morning  next, 
the  Record  and  Journal  up  to  and  including  this  date,  or  give 
the  reason  why. 

Mr.  McOlure  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche,, 
and  it  was  determined  in  the  affirmative. 

Mr.  Root  moved  to  amend  Rule  29,  by  striking  out  the  words 
"to  bring  up  the  subject  immediately  before  the  Convention," 

and   substitute  the  words  "  to  reject   the  proposed    constitutional 
amendment." 

Referred  to  the  Committee  on  Rules. 

Mr.  Root  moved  to  amend  Rule  7,  by  inserting  after  the  word 
"  request,"  the  words  "  any  member  may  explain  his  vote  for  not 
exceeding  three  minutes." 

Referred  to  the  Committee  on  Rules. 


CONSTITUTIONAL  CONVENTION.  459 

Mr.  C.  A.  Davis  asked  to  be  excused  from  attendance  on  Mon- 
day and  Tuesday  next,  for  the  reason  that  he  had  official  duty  to 
perform  elsewhere,  that  he  was  required  to  do  by  law. 

Debate  being  had  thereon. 

Mr.  Dean  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  excusing  Mr.  Davis,  and  it 
was  determined  in  the  affirmative. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  C.  A.  Fuller,  introductory  No.  200, 
entitled  "  Proposed  constitutional  amendment  to  amend  section 
16  of  article  3  of  the  Constitution,  relating  to  restriction  as  to 
private  and  local  bills,"  reported  in  favor  of  the  passage  of  the 
same,  with  some  amendments,  which  report  was  agreed  to,  and 
said  proposed  constitutional  amendment  committed  to  the 
Committee  of  the  Whole. 

Mr.  Boot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Becker,  introductory  No.  329,  entitled  "Proposed  constitu- 
tional amendment  to  amend  section  1  of  article  10  of  the  Consti- 
tution, so  as  to  prevent  removal  by  the  Governor  of  public  offi- 
cers, except  for  good  cause,"  reported  in  favor  of  the  passage  of 
the  same,  with  some  amendments,  which  report  was  agreed  to, 
and  said  proposed  constitutional  amendment  committed  to  the 
Committee  of  the  Whole. 

Mr.  Boot,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Doty,  introductory  No.  86,  entitled  (( Proposed  constitutional 
amendment  to  amend  section  17  of  article  1  of  the  Constitution, 
relating  to  the  appointment  of  commissioners  of  codification," 
reported  in  favor  of  the  passage  of  the  same,  without  amendment, 
which  report  was  agreed  to,  and  said  proposed  constitutional 
amendment  committed  to  the  Committee  of  the  Whole. 

This  report  is  also  a  favorable  report  upon  the  last  section  of 
No.  36,  introduced  by  Mr.  Lauterbach. 

Mr.  Cady,  from  the  Committee  on  Canals,  reported  a  proposed 
constitutional  amendment,  introductory  No.  386,  printed  No. 


460  JOURNAL  OF  THE 

430,  "To  amend  section  3,  article  7,  of  the  Constitution  of  the 
State  of  New  York,  relating  to  canals,"  in  favor  of  the  passage 
of  the  same},  which  report  was  agreed  to,  and  said  proposed  con- 
stitutional amendment  committed  to  the  Committee  of  the 
Whole. 

Mr.  Oady,  from  the  Committee  on  Canals,  reported  a  proposed 
constitutional  amendment,,  introductory  No.  387,  printed  No.  431, 
"  To  amend  section  6  of  article  7  of  the  Constitution  of  the  State 
of  New  York,"  in  favor  of  the  passage  of  the  same,  which  report 
was  agreed  to,  and  said  proposed  constitutional  amendment  com- 
mitted to  the  Committee  of  the  Whole. 

Mr.  Augustus  Frank,  from  the  Committee  on  Banking  and 
Insurance,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Hawley,  introductory  No.  207, 
entitled  "To  amend  article  8,  section  6  of  the  Constitution,  in 
respect  of  banks,"  reported  in  favor  of  the  passage  of  the  same 
without  amendment^  which  report  was  agreed  to,  and  said  pro- 
posed constitutional  amendment  committed  to  the  Committee  of 
the  Whole. 

Mr.  Augustus  Frank,  from  the  Committee  on  Banking  and 
Insurance,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Marshall,  introductory  No.  69, 
entitled  "To  amend  section  7  of  article  8  of  the  Constitution, 
relative  to  the  liability  of  the  stockholders  of  banking  corpora- 
tions," reported  in  favor  of  the  passage  of  the  same,  without 
amendment,  which  report  was  agreed  to,  and  said  proposed  con- 
stitutional amendment  committed  to  the  Committee  of  the 
Whole. 

Mr.  Augustus  Frank,  from  the  Committee  on  Banking  and 
Insurance,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Kellogg,  introductory  No.  188,, 
entitled  "Proposed  constitutional  amendment  toi  amend  sec- 
tion 4  of  article  8  of  the  Constitution,  relating  to 
unclaimed  deposits  in  savings  banks  or  institutions  for  savings, 
and  defining  the  powers  of  the  Legislature  in  relation  thereto," 
reported  adversely,  thereto,  which  report  was  agreed  to. 

Mr.  Augustus  Frank,  from  the  Committee  on  Banking  and 
Insurance,  reported  as  follows:  \ 


CONSTITUTIONAL  CONVENTION.  461 

"The  Committee  on  Banking  and  Insurance,  to  which  was 
referred  proposed  constitutional  amendment,  introductory  No. 
372,  introduced  by  Mr.  Andrew  H.  Green,  report  that  the  pro- 
posed amendment  was  considered  by  the  committee.  The 
committee  ask  for  the  printing  of  the  amendment,  and 
report  it  for  the  consideration  of  the  Convention,"  which  report 
was  agreed  tq,  and  said  amendment  was  referred  to  the  Com- 
mittee of  the  Whole. 

Mr.  Ira  M.  Hedges,  from  the  Committee  on  Militia  and  Mili- 
tary Affairs,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Holls,  introductory  No.  40,  enti- 
tled "  Proposed  constitutional  amendment  to  amend  article  11  of 
the  Constitution,  in  regard  to  militia,"  reported  adversely  thereto, 
which  report  was  agreed  to. 

Mr.  Marshall,  from  the  Committee  on  Future  Amendments,  to 
which  wns  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  C.  H.  Truax,  introductory  No.  256,  entitled 
"Proposed  constitutional  amendment  to  amend  article  14  of  the 
Constitution,"  reported  in  favor  of  the  passage  of  the  same,  with 
a<n  amendment,  which  report  was  agreed  to,  and  said  proposed 
constitutional  amendment  committed  to  the  Committee  of  the 
Whole. 

Mr.  Marshall,  from  the  Committee  on  Future  Amendments,  to 
which  was  recommitted  the  proposed  constitutional  amendment 
introduced  by  the  Committee  on  Future  Amendments,  introduc- 
tory No.  375,  entitled  "Proposed  constitutional  amendment  to 
amend  article  13  of  the  Constitution;,  relating  to  future  amend- 
ments," reported  in  favor  of  the  passage  of  the  same,  with  some 
amendments,  which  report  was  agreed  to,  and  said  proposed  con- 
stitutional amendment  restored  to  its  place  on  General  Orders. 


462  JOURNAL  OF*THE 

Mr.  Hirschberg,  from  the  Committee  on  Privileges  and  Elec- 
tions, reported  as  follows : 

REPORT   OF    THE   COMMITTEE    ON   PRIVILEGES 
AND    ELECTIONS. 


IN  THE  MATTER  OF  THE  CONTEST 

OF 

WM.  H.  DAVIS,  LUTHER  W.  EMERSON, 
HENRY  J.  BROWN,  GEORGE  W.  TOMP- 
KINS  AND  CHRISTIAN  F.  GULL,  FOR 
SEATS  IN  THE  CONVENTION  Now  OCCU- 
PIED BY  MIRABEAU  L.  TOWNS,  WM.  H. 
COCHRAN,  JOHN  G.  SCHUMAKER,  JOHN 
B.  MEYENBORG  AND  ALMET  F.  JENKS, 
FROM  THE  SECOND  SENATORIAL  DIS- 
TRICT. 


To  the  Constitutional  Convention  : 

The  Committee  on  Privileges  and  Elections,  to  whom  was 
referred  the  petition  of  William  H.  Davis,  Luther  W.  Emerson, 
Henry  J.  Brown;,  George  W.  Tompkins1  and  Christian  F.  Gull, 
claiming  that  they  were  duly  elected  delegates  to  the  Constitu- 
tional Convention  from  the  Second  Senatorial  district  of  the 
State  of  New  York,  at  the  last  general  election,  and  are  entitled 
to  the  seats  now  occupied  by  Mirabeau  L.  Towns,  William  H. 
Cochran,  John  G.  Schumaker,  John  Meyenborg  and  Almet  F. 
Jenks,  respectfully  report:  \ 

That  they  have  heard  the  proofs  and  allegations  of  the  parties, 
and  have  given  to  both  parties  ample  opportunity  to  submit  such 
evidence  as  they  desire.  That  they  have  carefully  considered 
the  evidence  and  that  in  the  opinion  of  said  committee  the  follow- 
ing facts  are  established  : 

As  the  result  of  the  official  canvass  of  the  vote  for  district  dele- 
gates to  the  Constitutional  Convention  from  the  Second  Sena- 
torial district,  the  Board  of  Canvassers  certified  that  the  con- 
testees  and  contestants  received  respectively  the  following  num- 
ber of  votes  : 


CONSTITUTIONAL  CONVENTION.  463 

Mirabeau  L.  Towns  ..................................  18,993 

Wm.  H.  Cocliran  .....................................  19,018 

John  G.   Schumaker  .................................  .19,000 

John  B.  Meyenborg  ..................................  18,990 

Almet  F.  Jenks  ......................................  18,962 

Wm.  H.  Davis  .......................................  16,601 

Lnither  W.  Emerson  ..................................  16,594 

Henry  J.  Brown  .....................................  16,595 

George  W.  Tompkins  .................................  16,601 

Christian  F.  Gull  ....................................  16,590 


There  were  also  a  few  scattering  votes  for  other  candidates. 
From  these  figures    it    appears    that    the    sitting    delegates 
received  the  following  majorities  : 

M.  L.  Towns  ........................................  2,392 

W.  H.  Oochran  ......................................  2,424 

J.  G.  Schumaker  ....................................  2,414 

J.   B.   Meyenborg  ....................................  2,389 

A.  F.  Jenks  ........................................  2,372 

The  Second  Senatorial  district  is  composed  of  the  Seventh, 
Ninth,  Tenth,  Twelfth  and  Twenty-second  wards  of  the  city  of 
Brooklyn.  The  claim  is  made  by  the  contestants  that  frauds 
were  committed  at  the  last  election  of  such  a  character  as  to 
justify  the  rejection  of  the  returns  in  several  of  the  election  dis- 
tricts in  this  Senate  district,  particularly  in  the  Ninth  and 
Twelfth  wards. 

The  evidence  shows  that  a  large  number  of  voters  in  various 
districts  received  assistance  in  folding  their  ballots,  and  it  is 
claimed  that  this  assistance  was  rendered  under  circumstances 
not  justified  by  the  statute,  and  that  receiving  assistance  under 
such  circumstances  was  a  fraud  on  the  election  law  of  such  a 
character,  and  was  carried  on  to  such  an  extent,,  as  to  justify 
the  rejection  of  the  entire  returns  in  the  districts  where  such 
assistance  was  received.  There  is  some  evidence  that  in  a  large 
number  of  cases  persons  who  received  assistance  were  not 
physically  disabled  to  such  an  extent  as  to  justify  such  assist- 
ance. But  the  number  of  persons  who  thus  wrongfully  claimed 
a  physical  disability  and  thereby  received  assistance  in  folding 
their  ballots,  is  not  definitely  ascertained  in  any  district.  The 


464  JOURNAL  OF  THE 

contestants  claim  that  by  reason  of  this  uncertainty,  the  whole 
return  is  vitiated,  and  should  be  rejected.  In  most  cases  the 
persons  thus  claiming  assistance  took  the  oath  of  disability  pre- 
scribed by  the  election  law;  but  in  a  large  number  of  cases  no 
such  oath  was  taken,  and  in  several  districts  assistance  was 
rendered  without  any  formal  claim  by  the  voters,  and  apparently 
without  protest  by  the  election  officers. 

It  is  conceded  that  the  persons  receiving  this  assistance, 
whether  after  or  without  taking  the  oath  of  disability,  were  legal 
voters  in  the  district  where  they  respectively  voted. 

In  some  districts  the  irregularities  of  this  character  were  so 
numerous  as  to  justify  the  conclusion  that  they  were  purposely 
permitted  by  the  election  officers,  and  the  violation 
of  the  election  law  by  such  officers  in  permitting 
voters  to  disregard  the  requirements  of  the  statute, 
would,  in  some  cases,  justify  the  exclusion  of  the  entire  return. 
The  proof  of  such  violations  in  this  contest  is  confined  to  a  very 
few  districts,  and  even  if  all  the  returnsi  which  we  could  find 
were  affected  by  such  irregularities  were  excluded,  there  would 
still  remain  a  large  majority  of  votes  certified  by  regular  returns 
for  each  of  the  sitting  delegates. .  The  aggregate  number  of  votes 
which  we  would  be  justified  in  rejecting  under  any  sircumstances 
would  not  be  sufficient  to  overcome  the  majority  as  certified  for 
the  sitting  delegates.  i 

There  is  also  evidence  of  a  few  cases  of  fraudulent  registra- 
tion and  repeating,  and  also  of  electioneering  within  one  hun- 
dred and  fifty  feet  of  the  polling  places.  But  the  number  of 
cases  of  these  violations  is  not  sufficient  to  materially  affect  the 
result. 

Your  committee  are  of  the  opinion  that  the  evidence  in  this 
contest  is  insufficient  to  warrant  the  exclusion  of  the  contestees 
from  their  seats  in  this  Convention,  and  that  the  petition  of  the 
contestants  should  be  dismissed. 

We,  therefore,  recommend  the  adoption  of  the  following 
resolution  : 

Resolved,  That  the  petition  of  Wm.  H.  Davis,  Luther  W.  Emer- 
son, Henry  J.  Brown,  George  W.  Tompkins,  and  Christian  F. 
Gull,  heretofore  presented  to  this  Convention,  praying  that  they 
be  awarded  the  seats  now  occupied  by  Mirabeau  L.  Towns,  Wm. 
H.  Cochran,  John  G-.  Schumaker,  John  B.  Meyenborg  and  Almet 


CONSTITUTIONAL  CONVENTION.  465 

F.  Jenks,  as  delegates  from  the  Second  Senatorial  district,  be  and 
the  same  is  hereby  dismissed. 

All  of  which  is  respectfully  submitted. 
Dated  August  16,  1894. 

M.  H.  HIRSCHBERG, 

Chairman. 

Mr.  Hirschberg  moved  that  the  report  be  agreed  to  and  the 
resolution  be  adopted. 

Mr.  Mereness  moved  that  the  calling  of  the  roll,  on  agreeing 
to  said  report,  be  dispensed  with,  and  it  was  determined  in  the 
affirmative. 

Mr.  President  put  the  question  on  the  motion  olj  Mr.  Hirsch- 
berg, and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Hirschberg  said  report  was  ordered  printed. 

Mr.  Cady  moved  to  take  from  the  table  the  report  of  the  Com- 
mittee on  Finance  and  Taxation,  in  words  following  : 

Mr.  Acker,  from  the  Committee  on  Finance  and  Taxation,  to 
which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  (Jassidy,  introductory  No.  252,  entitled  "  Pro- 
posed constitutional  amendment  to  amend  sections  1,  2,  3,  4  and 
5  of  article  7  of  the  Constitution,  in  relation  to  the  canal  debts 
and  the  maintenance  of  canals,"  reported  in  favor  of  the 
passage  of  the  same,  without  amendment. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cady, 
and  it  was  determined  in  the  affirmative. 

Said  report  was  then  agreed  to,  and  said  amendment  was 
referred  to  the  Committee  of  the  whole. 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  Mr.  President  resumed  the  chair,  and  the  Convention 
took  a  recess  until  three  o'clock. 

30 


466  JOURNAL  OF*  THE 

AFTERNOON   SESSION. 
)  Three  o'clock,  P.  M. 

The  Convention  again  met,  and  proceeded  in  Committee  of  the 
Whole,  and,  after  some  time  spent  therein,  the  hour  of  five 
o'clock  having  arrived,  Mr.  President  resumed  the  chair,  and 
declared  the  Convention  in  recess  until  eight  o'clock. 


EVENING  SESSION. 
f  Eight  o'clock,  P.  M. 

The  Convention  again  met  and  proceeded  in  Committee  of  the 
Whole,  and,  after  some  time  spent  therein,  Mr.  Cookinham,  from 
said  Committee,  reported: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  378,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  3  of  the 
Constitution,  relating  to  public  officers,"  have  made  some  pro- 
gress in  the  same,  but  not  having  gone  through  therewith,  the 
question  was  raised  that  no  quorum  was  present,  and  instructed 
the  chairman  to  report  that  fact  to  the  Convention. 

The  President  directed  the  Secretary  to  call  the  roll  to  ascer- 
tain if  a  quorum  was  present,,  when  a  quorum  answered  to  the 
call  of  their  names,  and  the  Convention  proceeded  in  Committee 
of  the  Whole,  and,  after  some  time  spent  therein,  Mr.  Cookinham, 
from  said  Committee,  reported: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  378,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  3  of  the 
Constitution,  relating  to  public  officers,"  have  gone  through  with 
the  same,  have  made  an  amendment  thereto,  and  instructed  the 
chairman  to  report  the  same  to  the  Convention,  and  recommend 
its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  'Abbott,  Acker,  Ackerly,  Baker,  Barhite,  Bar- 
row, Brown,  E.  A.;  Cassidy,  Clark,  GK  W.;  Clark,  H.  A.;  Country- 
man, Davis,  G.  A.;  Dickey,  Emmet,  Floyd,  Francis,  Fuller,  C.  A.; 


CONSTITUTIONAL  CONVENTION.  467 

Gnalinger,  Hamlin,  Heeker,  Hedges,  Hill,  Jacobs,  Johnson,  J. ;  Ker- 
win,  Kinkel,  Lewis,  C.  H.;  Lyon,  Maybee,  McDonough, 
Mclntyre,  Mereness,  Morton,  Nicoll,  De  L.;  Nostrand,  O'Brien, 
Parker,  Pashley,  Phipps,  Powell,  Pratt,  Redman,  Rogers,  Schu- 
niaker,  Steele,  W.  H.;  Storm,  Sullivan,  W.;  Tucker,  Turner,  Ved- 
der,  Veeder,  Vogt,  Wellington,  Whitmyer  —  55. 

Noes  —  Messrs.  Alvord,  Barnum,  Blake,  Burr,  Cady,  Campbell, 
Chipp,  Jr.;  Church,  Cochran,  Cookinham,  Crosby,  Davenport, 
Davies,  J.  C.;  Dean,  Deterling,  Doty,  Durfee,  Frank,  Augustus; 
Fraser,  Fuller,  O.  A.;  Giegerich,  Gilleran,  Goeller,  G-reen,  J.  I.; 
Hawley,  Hirschberg,  M.  H. ;  Holcomb,  Holls,  Lincoln,  Manley, 
Marks,  Marshal,  McArthur,  McCurdy,  McKinstry,  McLaughlin, 
C.  B.;  McLaughlin,  J.  W.;  McMillan,  Meyenborg,  Moore,  Mulqueen, 
Nichols,  W.  H.;  Osborn,  Parkhurst,  Peabody,  Peck,  Platzek,  Put- 
nam, Root,  Sandford,  Smith,  Speer,  Steele,  A.  B.;  Tekulsky,  Titus, 
Willaims,  Woodward,  President  —  58. 

When  the  name  of  Mr.  T.  A.  Sullivan  was  called,  he  could  not 
.conscientiously  vote  either  way,  and  asked  to  be  excused,  and  he 
was  excused. 

By  vote  of  the  Convention,  the  following  delegates  were 
excused  from  attendance:  For  to-morrow,  Mr.  Gr.  W.  Clark  and 
Mr.  Nostrand;  for  Monday,  Mr.  Kinkel. 

The  Convention  again  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Hawley,  from  said  committee, 
reported : 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  387,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  3  of  the 
Constitution,  in  regard  to  taking  saloons  out  of  politics,"  have 
made  some  progress  in  the  same,  but  not  having  gone  through 
therewith,  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

The  hour  of  ten  o'clock  having  arrived,  the  Convention 
adjourned. 


468  JOURNAL  OF  THE 

Saturday,  August  18,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  John  Gr.  Henry. 

On  motion  of  Mr.  Acker,  the  reading  of  the  Journal  of  Friday, 
August  seventeenth,  was  dispensed  with. 

The  last  Record  appearing  to-day  upon  the  files  of  members, 
is  of  date  August  fourteenth. 

Mr.  McKinstry  moved  to  reconsider  the  vote,  of  last  evening, 
by  which  the  report  of  the  Committee  of  the  Whole  on  the  pro- 
posed constitutional  amendment,  printed  No.  378,  entitled  "To 
amend  article  3  of  the  Constitution,  relating  to  public  officers," 
was  disagreed  with. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Mnlqueen.  moved  to  postpone  the  consideration  of  this 
subject  until  after  the  report  of  the  Committee  on  Cities. 

Mr.  President  put  the  question  on  said  motion,,  and  it  was  deter- 
mined in  the  negative. 

Mr.  President  put  the  question  on  agreeing  to  the  report  of  the 
Committee  of  the  Whole,  and  it  was  determined  in  the 
affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Allaben,  Baker,  Barhite,  Brown, 
E.  A. ;  Carter,  Cassidy,  Church,  Clark,  H.  A. ;  Countryman,  Crosby, 
Davies,  J.  C.;  Davis,  Gr.  A.;  Deterling,  Emmet,  Floyd,  Francis, 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Hamlin,  Hecker,  Hedges, 
Hill,  Jacobs,  Johnson,  J.;  Kerwin,  Kinkel,  Kurth,  Lester,  Lewis, 
C.  H.;  Lyon,  Mantanye,  Maybee,  McDonough,  Mclntyre,  McKin- 
stry, Mereness,  Moore,  Morton,  Nichols,  W.  H.;  Nicoll,  DeL.; 
O'Brien,  Parker,  Pashley,  Powell,  Pratt,  Redman,  Rogers,  Sand- 
ford,  Schumaker,  Steel e,  W.  H.;  Storm,  Sullivan,  T.  A.;  Sullivan, 
W.;  Turner,  Vedder,  Veeder,  Vogt,  Wellington,  Whitmyer, 
Woodward  —  63. 

Noes  —  Messrs.  Ackerly,  Alvord,  Biamum,  Barrow,  Blake,  Burr, 
Cady,  Campbell,  Chipp,  Jr.;  Cochran,  Cookinham,  Davenport, 
Dean,  Doty,  Durfee,  Frank,  Augustus;  Eraser,  Giegerich,  Gil- 
leran,  Groeller,  Green,  J.  I.;  Hawley,  Hirschberg,  M.  H.;  Holcomb, 
Holls,  Lincoln,  Marks,  Marshall,  McArthur,  McLaughlin,  C.  B,; 


CONSTITUTIONAL  CONVENTION.  469 

McLaughlin,  J.  W.;  McMillan,  Meyenborg,  Mulqueen,  Ohmeis, 
Osborn,  Parkhurst,  Peabody,  Platzek,  Putnam,  Root,  Smith,  Steele, 
A  B.;  Tekulsky,  Titus,  Truax,  C.  H.;  Tucker,  Williams,  Presi- 
dent—49. 

Mr.  Vedder  moved  to  recommit  said  amendment  to  the  Com- 
mittee on  Legislative  Powers  and  Duties. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  C.  B.  McLaughlin  offered  a  resolution  in  words  following: 
Resolved,  That  the  Committee  on  Rules  be  instructed  to  report 
a  rule,  on  or  before  Tuesday  next,  to  the  effect  that  a  disagree- 
ment with  a  report  of  the  Committee  of  the  Whole  shall  be  final. 
Referred  to  the  Committee  on  Rules. 

By  vote  of  the  Convention,  the  following  members  were 
excused  from  attendance,  as  follows:  For  this  afternoon  and 
Monday,  Mr.  Hedges;  for  Monday,  Messrs.  Groeller  and  Fraser; 
for  to-day,  Mr.  R.  M.  Johnston;  for  this1  afternoon  session, 
Messrs.  Holcomb,  Peabody,  Veeder,  W.  H.  Nichols  and  Osborn. 

Mr.  Cookinham  offered  a  resolution  in  words  following: 
Resolved,  That  the  Committee  on  Rules  be  directed  to  report  a 
rule  allotting  time  for  debate  on  each  of  the  proposed  constitu- 
tional amendments. 
Referred  to  the  Committee  on  Rules. 

Mr.  Johnson,  from  the  Committee  on  Cities;,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Banks,  introductory  No.  148,  entitled  "Proposed  constitu- 
tional amendment  to  amend  the  Constitution,  relative  to  debt 
limitation  of  cities,"  reported  in  favor  of  the  passage  of  the  same, 
with  some  amendments,  which  report  was  agreed  to,  and  said 
proposed  constitutional  amendment  committed  to  the  Committee 
of  the  Whole. 

Mr.  Woodward,  from  the  Committee  on  Preamble  and  Bill  of 
Rights,  made  a  minority  report  on  the  "Preamble  and  Bill  of 
Rights,"  which  was  ordered  printed. 

Mr.  Holls,  from  the  Committee  on  Education,  introduced  a  pro- 
posed constitutional  amendment,  entitled  "To  amend  article  9, 
relating  to  free  common  schools,"  which  was!  read  and  referred 
to  the  Committee  of  the  Whole. 


470  JOURNAL  OE  THE 

Mr.  Holls  moved  that  the  time  for  reports  by  the  Committee 
on  Education  be  extended  to  August  twenty-eighth. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  C.  H.  Lewis,  from  the  Committee  on  the  Kelations  of  the 
State  to  the  Indians  Residing  Therein,  to  which  was;  referred 
the  proposed  constitutional  amendment,  introductory  No.  242,  and 
several  petitions  for  constitutional  amendment,  respectfully 
report  that  your  committee  have  carefully  considered  the  same, 
and  it  is  the  unanimous  judgment  of  the  committee  that  section 
16  of  article  1  of  the  present  Constitution,  relating  to  sale  of 
Indian  lands,  should  remain  unchanged. 

Also,  your  committee  further  report,  on  the  several  petitions 
for  a  constitutional  provision  to  enable  moneys  appropriated  by 
the  State  to  be  used  to  educate  New  York  State  Indians  outside 
the  State,  that  in  the  opinion  of  the  committee  no  such  provision 
should  be  inserted  ini  the  Constitution. 

Mr.  E.  R.  Brown,  from  the  Select  Committee  on  Further 
Amendments,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  A.  H.  Green,  introductory  No.  379, 
entitled  "  Proposed  constitutional  amendment  to  abolish  the  office 
of  loan  commissioner,"  reported  that,  in  the  opinion  of  the  com- 
mittee, the  same  ought  to  be  printed  and  referred,  under  Rule  32, 
and  said  amendment  was  ordered  printed  and  referred  to  the 
Committee  on  Finance  and  Taxation. 

Mr.  E.  R.  Brown,  from  the  Select  Committee  on  Further 
Amendments,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Manley,  introductory  No.  378, 
entitled  "  Proposed  constitutional  amendment  to  prohibit  the  use 
of  land  for  cemetery  purposes  in  certain  counties  of  the  State, 
without  the  consent  of  local  authorities,"  reported  that,  in  the 
opinion  of  the  committee,  the  same  should  not  be  printed  and 
referred  under  Rule  32. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Hedges  moved  that  the  Committee  on  Military  Affairs 
have  the  time  extended  to  August  twenty-fourth  for  it  to  make 
reports. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  471 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Hawley,  from  said  committee, 
reported : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  387,  entitled 
"To  amend  article  3  of  the  Constitution,  in  regard  to  taking 
saloons  out  of  politics,"  have  gone  through  with  the  same,  have 
made  an  amendment  thereto,  and  instructed  the  chairman  to 
report  to  the  Convention  recommending  that  the  proposed  con- 
stitutjonal  amendment  under  consideration,  and  the  amendment 
offered  thereto,  be  recommitted  to  the  Committee  on  Powers 
'and  Duties  of  the  Legislature. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative,  and  said  amendment 
was  so  recommitted. 

The  Convention  again  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  Mr.  President  resumed  the  chair,  and  declared  the  Con- 
vention in  recess  until  three  o'clock. 


AFTEENOON     SESSION. 

Three  o'clock  P.  M. 
The  Convention  again  met. 

Mr.  Hamlin  offered  a  resolution  in  words  following : 
Resolved,  That  4,000  additional  copies  of  amendment  No.  422, 
known  as  the  judiciary  article,  be  printed  for  the  use  of  the  Con- 
vention, and  it  was  determined  in  the  affirmative. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  amendments 
to  the  rules  in  words  following: 

"  Strike  out  the  last  sentence  of  Rule  29." 

To  amend  Rule  7  by  inserting  after  the  word  "request,"  the 
words  "or  any  member  may  explain  his  vote  for  not  exceeding 
three  minutes." 

Pending  the  consideration  of  said  report,  Mr.  Cochran  raised 
the  point  of  order  that  no  quorum  was  present. 

On  a  count  being  had,  but  seventy-seven  delegates  were  found 
to  be  present 


JOURNAL  OP  THE 

The  President  directed  the  Secretary  to  call  the  roll,  to  ascer- 
tain whether  a  quorum  was  present,  when  the  following  dele- 
gates answered  to  the  call  of  their  names: 

Messrs.  Acker,  Allaben,  Alvord,  Baker,  Barhite,  Barnum,  Bar- 
row, Blake,  Brown,  E.  A.;  Brown,  E.  B.;  Burr,  Cady,  Cassidy, 
Church,  Cochran,  Oookinham,  Countryman,  Crosby,  Davenport, 
Dean,  Deterling,  Doty,  Durfee,  Emmet,  Floyd,  Fuller,  C.  A.; 
Fuller,  O.  A.;  Gilleran,  Goeller,  Harnlin,  Hawley,  Hecker,  Hill, 
Holla,  Johnson,  I.  Sam;  Johnson,  J.;  Kerwin,  Lewis,  C.  H.;  Lin- 
coln, Marks,  Marshall,  Maybee,  McArthur,  McDonough,  Mclntyre, 
McKinstry,  McLaughlin,  J.  W.;  Mereness,  Meyenborg,  Moore, 
Morton,  Mcoll,  De  L. ;  O'Brien,  Parker,  Parkhurst,  Pashley,  Peck, 
Phipps,  Platzek,  Powell,  Pratt,  Putnam,  Redman,  Bogers,  Boot, 
Sandford,  Schumaker,  'Smith,  Steele,  A.  B.;  Steele,  W.  H.;  Sulli- 
van, T.  A.;  Sullivan,  W.;  Tekulsky,  Titus,  Truax,  C.  H.;  Tucker, 
Turner,  Vedder,  Vogt,  Wellington,  Whitmyer,  Williams,  Wood- 
ward, President. 

Mr.  Alvord  moved  that  the  Convention  now  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Mr.  Kerwin  moved  a  call  of  the  house. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

On  motion  of  Mr.  Acker,  the  Sergeant-at-Arms  was  directed  to 
summon  the  two  delegates  living  in  Albany  to  attend  the  session 
of  the  Convention. 

Mr.  Alvord  moved  that  the  Convention  now  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  Mr.  E.  B.  Brown,  from  said 
committee,  reported: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  396,  entitled 
"  To  amend  article  3  of  the  Constitution,  relating  to  the  passage 
of  law,s,"  reported  progress  in  same,  and  asked  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  473 

The  Convention  then  called  for  the  names  of  those  delegates 
absent  without  leave. 

Those  absent  without  leave  were  as  follows: 

Messrs.  Campbell,  Clark,  H.  A. ;  Crimmins,  Fields,  Foote,  Fraser, 
Gralinger,  Green,  J.  L;  Herzberg,  A.;  Kinckel,  Koch,  Kurth, 
Lester,  Lyon,  McMillan,  Mulqueen,  Rowley,  Speer. 

On  motion  of  Mr.  C.  H.  Truax,  at  4.10,  the  Convention 
adjourned. 


Monday,  August  20,  1894. 

The  Convention  met  pursuant  to  adjournment 
No  clergyman  present. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Satur- 
day, August  eighteenth,  was  dispensed  with,  except  that  portion 
giving  the  names  of  those  delegates  who  were  absent  without 
leave. 

The  names  of  absentees  were  read. 

Mr.  President  directed  the  list  of  absentees,  without  leave,  to 
be  referred  to  the  Financial  Secretary. 

The  Journal  was  then  approved. 

Mr.  Moore  presented  petition  of  manufacturers  of  plumbing 
materials,  protesting  against  prison  labor. 
Beferred  to  the  Committee  on  State  Prisons. 

Mr.  Francis  presented  petition  of  citizens  of  Troy  relative  to 
caucuses.  ,  i 

Keferred  to  the  Committee  on  Suffrage. 

Mr.  Moore  moved  that  the  time  for  the  Committee  on  Printing 
to  have  Document  No.  15  placed  on  the  files  be  extended  to  Fri- 
day next,  and  then  must  include,  reprinted,  such  new  rules  as 
may  be  passed  prior  to  that  time. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Acker,  from  the  Committee  on  Finance  and  Taxation, 
reported  in  favor  of  the  passage  of  the  proposed  constitutional 
amendment,  entitled  "Proposed  constitutional  amendment  to 


474  JOURNAL  OIJ  THE 

amend  article  3  of  the  Constitution,"  by  the  addition  of  two  new 
sections,  which  report  was  agreed  to,  and  said  amendment  was 
committed  to  the  Committee  of  the  Whole,  Mr.  Acker  dissenting. 

Mr.  Acker,  from  the  Committee  on  Finance  and  Taxation, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Pratt,  introductory  No.  241,  entitled  "  Proposed 
constitutional  amendment  to  amend  article  7  of  the  Constitution, 
by  adding  a  new  section  thereto  relating  to  taxation,"  reported 
adversely  thereto. 

Mr.  Pratt  moved  to  lay  said  report  on  the  table. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Moore,  from  said  committee, 
reported  :• 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  397,  entitled 
"  To  abolish  all  commissions,  except  those  constituted  of  elective 
officers,  and  to  inhibit  the  power  of  creating  permanent  commis- 
sions," have  made  some  progress  in  the  same,  and  instructed  the 
chairman  to  report  adversely  thereon,  which  report  was  agreed  to. 

Ayes  —  Messrs.  Acker,  Ackerly,  Alvord,  Arnold,  Baker,  Barhite, 
Barnum,  Brown,  E.  A.;  Brown,  E.  R.;  Burr,  Cady,  Campbell, 
Cassidy,  Chipp,  Jr.;  Church,  Clark,  Or.  W.;  Cookinham,  Country- 
man, Danforth,  Davenport,  Dickey,  Doty,  Durfee,  Durnin,  Emmet, 
Floyd,  Foote,  Forbes,  Francis,  Fuller,  C.  A.;  Fuller,  O.  A.; 
Griegerich,  Grilleran,  Hamlin,  Hawley,  Hill,  Holcomb,  Holls,  Hotch- 
kiss,  Hottenroth,  Johnson,  J. ;  Kerwin,  Kurth,  Lauterbach,  Lester, 
Lewis,  C.  H. ;  Lewis,  M.  E. ;  Marks;  Marshall,  Maybee,  McArthur, 
McCurdy,  Mclntyre,  McLaughlin,  C.  B.;  Mereness,  Nichols,  W.  H.; 
Ohmeis,  Osbora,  Peabody,  Peck,  Platzek,  Redman,  Root,  Rowley, 
Sandford,  Spencer,  Steel e,  W.  H.;  Sullivan,  T.  A.;  Sullivan,  W.; 
Truax,  C.  H.;  Turner,  Veeder,  Wellington,  Whitmyer,  Wiggins, 
President  —  76. 

Noes  —  Messrs.  Bigelow,  Corn  well,  Dean,  Jacobs,  Johnson,  I. 
Sam;  Kellogg,  Kimmey,  Lincoln,  McDonough,  McKinstry,  Moore, 
Morton,  Nostrand,  O'Brien,  Parker,  Pratt,  Rogers,  Schumaker, 
Vedder,  Woodward  —  20. 


CONSTITUTIONAL  CONVENTION.  475 

Mr.  President  presented  a  communication  from  The  Argus 
Company  in  words  following: 

OFFICE  OF  THE  ARGUS,  i 

ALBANY,  August  18,  1894.  f 

The  Honorable  Joseph  H.  Choate,  President  Constitutional  Con- 
vention : 

Sir. —  In  reply  to  the  inquiry  of  your  honorable  body  in  rela- 
tion to  the  printing  for  the  Constitutional  Convention,  The  Argus 
Company  would  respectfully  report: 

1.  That  in  every  case  the  work  of  The  Argus  Company  has 
been  done  pursuant  to  the  contracts  and  the  resolutions  and 
instructions  of  your  honorable  body. 

2.  That  The  Argus  Company  is  unable  to  supply  printed  copies 
of  the  debates,  for  the  simple  reason  that  the  copy  for  the  past 
five  sessions  is  not  in  its  possession,  and  has  not  been  furnished 
to  it  by  the  stenographer,  and,  that,  furthermore,    The    Argus 
Company,  in  compliance  with  the  resolution  of  the  Convention, 
has  employed  an  additional  force  of  men,  at  considerable  expense, 
in  order  to  furnish  the  printed  copies  of  the  debates  speedily, 
and  that  these  men  have  been  without  copy  of  the  debates  for 
t\\  o  days  of  the  current  week,  to  the  loss  and  injury  of  The  Argus 
Company. 

3.  The  stenographer  informs  us  that  one  reason  for  the  delay 
in  furnishing  copy  for  the  debates  is  that  the  members  of  the 
Convention  obtain  his  copy  for  the  purpose  of  revising  and  edit- 
ing their  speeches.    The  result  of  this  revising  and  editing  is  that 
the  copy  is  frequently  illegible,  and  that  it  does  not  reach  this 
office  until  some  time  after  its  preparation  by  the  stenographer. 
In  the  case  of  Tuesday  evening's  debates,  the  type  was  set  and 
proofs  furnished  for  the  use  of  members  who  retained  them  some 
time  making  corrections  and  alterations  in  them. 

The  Argus  Company  feels  that  its  business  reputation  is 
injured  by  the  unjust  and  unfounded  attacks  made  upon  it  in  the 
Convention.  We  are  held  responsible  for  the  acts  of  the  delegates 
and  employes  of  the  Convention.  We  have  been  blamed  for  not 
furnishing  documents,  when  the  employes  of  the  Convention  had 
not  placed  them  upon  the  file-boards,  although  the  documents  had 
been  delivered  and  we  held  receipts  for  them.  We  are  neither 
the  stenographers  of  the  Convention,  nor  its  Sergeant-at-Arms  and 


476  JOURNAL  OE  THE 

page  boys.  We  have  given  the  Convention  more  prompt  and 
better  service  than  under  any  legislative  contract.  We  have  run 
nights  at  a  greatly  increased  expense  in  order  to  print,  in  time 
for  morning  sessions,  matter  which,  by  resolutions  of  the  Conven- 
tion, was  ordered  to  be  sent  to  us  before  fouir  o'clock  in  the  after- 
noon, and  which  we  do  not  receive  until  eleven  o'clock  and 
midnight. 

We  appeal  to  you,  as  the  presiding  officer  of  the  Convention, 
and  to  your  sense  of  justice,  to  protect  us  against  these 
unfounded  attacks,  and  to  prevent  statements  upon  the  floor  of 
the  Convention,  and  on  its  authority,  which  are  libels  upon  our 
business  reputation. 

We  ask  that  this  communication  be  treated  as  a  formal  com- 
munication to  the  Convention  and  entered  upon  its  records. 
Very  respectfully, 

THE   ARGUS  COMPANY, 

M.  V.  D. 

On  motion  of  Mr.  Alvord,  said  communication  was  received  and 
laid  on  the  table,  and  ordered  printed. 

Mr.  I.  S.  Johnson  offered  a  resolution  in  words  following: 

Resolved,  That  the  Committee  on  Rules  be  requested  to  report 
an  amendment  to  Rule  21,  by  adding  after  the  word  "  day,"  in  the 
sixth  line,  the  following  words:  "And  if  not  so  moved  on  a 
second  call  it  shall  go  to  the  foot  of  the  calendar  of  General 
Orders." 

Referred  to  the  Committee  on  Rules. 

By  vote  of  the  Convention,  the  following  gentlemen  were 
excused,  as  follows:  Until  August  twenty-third,  Mr.  Tucker; 
for  to-day,  Mr.  Putnam;  for  Tuesday,  Mr.  Kellogg;  for  Tuesday 
and  Wednesday,  Mr.  Hamlin;  for  Friday  and  Saturday  next,  Mr. 
Cornwell. 

The  Convention  again  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Schumaker,  from  said  com- 
mittee, reported: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  399,  entitled 
"  To  amend  section  3,  of  article  2  of  the  Constitution  as  to  the 
suffrage,"  have  gone  through  with  the  same,  have  made  no 


CONSTITUTIONAL  CONVENTION.  477 

amendment  thereto,  and  instructed  the  chairman  to  report  the 
same  to  the  Convention,  and  recommend  its  passage. 

Mr.  President  put  the  question  on  agreeing  to  said  report,  and 
it  wa,s  determined  in  the  affirmative. 

Ayes  —  Messrs.  Acker,  Ackerly,  Allaben,  Alvord,  Arnold, 
Baker,  Banks,  Barhite,  Barnum,  Bigelow,  Brown,  E.  A.;  Brown, 
E.  E.;  Cady,  Carter,  Cassidy,  Church,  Clark,  G.  W.;  Cookinham, 
Cornwell,  Crosby,  Dean,  Dickey,  Doty,  Durfee,  Emmet,  Floyd, 
Foote,  Forbes,  Francis,  Fuller,  C.  A. ;  Fuller,  O.  A. ;  Hamlin,  Hill, 
Jacobs,  Johnson,  I.  Sam;  Johnson,  J.;  Kurth,  Lauterbach,  Lester, 
Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Marshall,  McArthur, 
McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  Mereness, 
Moore,  Morton,  Nichols,  W.  H.;  Nostrand,  O'Brien,  Osborn, 
Parker,  Parkhurst,  Pratt,  Redman,  Boot,  Schumaker,  Steele, 
W.  H.;  Sullivan,  T.  A.;  Sullivan,  W.;  Turner,  Vedder,  Vogt, 
Wellington,  Whitmyer,  Wiggins,  Woodward,  President  —  72. 

Noes  —  Messrs.  Burr,  Campbell,  Davenport,  Durnin,  Giegerich, 
Gilleran,  Hawley,  Holcomb,  Hottenroth,  Kerwin,  Kimmey,  Marks, 
Maybee,  Ohmeis,  Peabody,  Peck,  Platzek,  Rogers,  Rowley,  Sand- 
ford,  Speer,  Titus,  Truax,  C.  H.;  Veeder  — 24. 

When  the  name  of  Mr.  Cochran  was  called,  he  asked  to  be  and 
was  excused  from  voting. 

Said  amendment  was  then  referred  to  the  Committee  on 
Revision  and  Engrossment. 

The  hour  of  one  o'clock  having  arrived,  the  Convention  took  a 
recess  until  three  o'clock. 


AFTERNOON  SESSION. 

Three  o'clock,  P.  M. 
The  Convention  again  met. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Kellogg,  from  said  committee, 
reported  r  i  I  ; 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  429,  entitled 
"  To  amend  section  17  of  article  1  of  the  Constitution,  relating  to 
the  appointment  of  commissioners  of  codification,"  have  gone 
through  with  the  same,  have  made  no  amendments  thereto,  and 


478  JOURNAL  OF^THE 

instructed  the  chairman  to  report  the  same  to  the  Convention, 
and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Forbes  moved  to  reconsider  said  vote. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative,  two-thirds  of  all  the  Delegates  voting 
Committee  on  Revision  and  Engrossment. 

Mr.  C.  H.  Truax  moved  that  General  Order  No.  45,  printed  No. 
422,  entitled  "Proposed  constitutional  amendment  to  amend 
article  G  of  the  Constitution,  relating  to  the  judiciary,"  be  taken 
up  at  this  time  in  Committee  of  the  Whole. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative,  two-thirds  of  all  the  Delegates  voting 
in  favor  thereof. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  the  hour  of  five  o'clock  having  arrived, 
the  President  resumed  the  chair. 

By  unanimous  consent,  and  on  motion  of  Mr.  Alvord,  the  judic- 
iary article  was  made  the  subject  for  consideration  for  each  and 
every  session  of  the  Convention  until  disposed  of. 

And  the  Convention  took  a  recess  until  eicrht  o'clock. 


EVENING  SESSION. 

Eight  o'clock,  P.  M. 
The  Convention  again  met. 

Mr.  Barhite  moved  to  reconsider  the  vote  on  the  motion  of  Mr. 
Alvord,  making  the  consideration  of  the  judiciary  article,  printed 
No.  422,  permanent  until  disposed  of,  and  that  the  motion  lay 
on  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  ten  o'clock  having 
arrived,  the  President  resumed  the  chair,  and  the  Convention 
adjourned. 


CONSTITUTIONAL  CONVENTION.  479 


Tuesday,  August  21,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Kev.  E.  H.  Shirley. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of 
Monday,  August  twentieth,  was  dispensed  with. 

Last  Kecord  appearing  on  the  files  of  the  members  is  August 
fourteenth. 

Mr.  Lyon  presented  the  petition  of  Percy  A.  Goodyear  and 
others,  relative  to  inspection  of  reformatories,  asylums,  nurseries, 
etc. 

Referred  to  the  Committee  on  Charities. 

Mr.  Francis  presented  petition  of  manufacturers  of  plumbing 
materials  to  prohibit  production  of  such  material  by  convict 
labor. 

Referred  to  Committee  on  State  Prisons.  ' 

The  following  named  delegates  were  excused  from  attendance, 
as  follows:  For  last  Saturday,  Mr.  Rowley;  for  to-day,  Messrs. 
Gilbert,  Meyenborg,  Towns,  Jenks  and  Ohmeis;  for  this  after- 
noon, Wednesday  and  Thursday  next,  Mr.  Cornwell;  for  Friday 
and  Saturday  next,  Mr.  Sanford;  for  next  Monday,  Mr.  Camp- 
bell; for  Saturday  afternoon  and  Monday  forenoon  next,  Mr. 
Maybee;  Mr.  Tekulsky,  indefinitely;  Mr.  Fraser,  during  his 
illness;  for  Thursday  and  Friday,  Mr.  Mclntyre;  for  Wednesday 
afternoon  and  Thursday,  Mr.  C.  B.  McLaughlin. 

Pursuant  to  special  order  of  the  Convention,  Mr.  President 
called  for  final  reports  of  the  committees. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  resolution  offered  by  Mr. 
A.  H.  Green,  introduced  a  "Proposed  constitutional  amendment, 
relating  to  the  divergence  of  the  water  of  the  Niagara  river," 
which  was  read  twice  and  referred  to  the  Committee  of  the 
Whole.  ' !  | 

Mr.  Vedder  also  presented  a  written  report  from  said  com- 
mittee on  the  same  subject,  which  was  ordered  printed. 

Mr.  Vedder,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  referred  the  proposed  constitutional 
amendment  introduced  by  Mr.  Gilbert,  introductory  No.  385, 


480  JOURNAL  OF  THE 

entitled  "To  amend  section  6  of  article  10,  in  relation  to  the 
time  when  the  Legislature  shall  assemble,"  reported  ,in  favor  of 
the  passage  of  the  same,  which  report  was  agreed  to  and  said 
proposed  constitutional  amendment  committed  to  the  Com- 
mittee of  the  Whole. 

Mr.  Root,  from  the  Committee  on  Judiciary,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  I.  S.  Johnson,  introductory  No.  158,  entitled  "A  proposed 
constitutional  amendment  to  amend  section  1  of  article  12, 
relating  to  oaths  of  office,"  reported  in  favor  of  the  passage  of 
the  same,  which  report  was  agreed  to  and  said  proposed  consti- 
tutional amendment  committed  to  the  Committee  of  the  Whole. 

Mr.  Root,  from  the  Committee  on  Judiciary,  introduced  a  pro- 
posed constitutional  amendment,  entitled  "To  amend  section  2 
by  adding  new  sections  relating  to  the  use  of  money  for  political 
purposes,"  which  was  read  twice  and  referred  to  the  Committee 
of  the  Whole. 

Mr.  Lauterbach,  from  the  Committee  on  Charities,  reported  a 
proposed  constitutional  amendment,  entitled  "  To  amend  article  5 
of  the  Constitution,"  introductory  No.  392,  printed  No.  446,  which 
was  read  twice  and  referred  to  the  Committee  of  the  Whole. 

Mr.  Lauterbach,  from  said  committee,  also  made  a  written 
report  on  the  same  subject,  which,  on  his  motion,  was  ordered 
printed. 

Mr.  Hamlin,  from  the  Committee  on  Printing,  reported  as 
follows: 

Mr.  President  and  Gentlemen  of  the  Convention: 

Your  Committee  on  Printing,  to  which  was  referred  a  resolu- 
tion for  printing  extra  copies  of  the  suffrage  debates,  respectfully 
report:  ^fj  fll 

We  find  quite  a  number  of  Delegates,  and  that  number  not 
confined  to  those  who  made  speeches  upon  the  subject,  who 
would  like  the  debates  upon  the  question  of  woman  suffrage 
complete  and  in  convenient  form  for  mailing  to  constituents  who 
are  especially  interested.  Fortunately,  those  debates  were  all 
comprised  in  four  evenings'  proceedings  when  no  other  business 
was  transacted.  We  deem  it  best  to  order  only  a  limited  number 
at  this  time.  If  more  should  be  desired,  more  can  be  ordered 
hereafter  at  the  same  rate  of  cost.  Each  of  the  four  evening 
debates  made  a  form  of  only  ten  to  twelve  leaves,  and,  since  the 


CONSTITUTIONAL  CONVENTION.  481 

type  has  already  been  set  for  the  regular  record,  the  cost  of  this 
order  will  be  insignificant.  We  recommend  the  adoption  of  the 
following:  ' 

"Kesolved,  That  1,000  copies  of  the  debates,  of  Wednesday 
evening,  August  eighth;  Thursday  evening,  August  ninth;  Tues- 
day evening,  August  fourteenth,  and  Wednesday  evening,,  August 
fifteenth,  be  printed,  and  each  four  numbers  comprising  the  four 
evenings'  debates  be  stitched  together  with  paper  cover;  these 
combined  copies  to  be  apportioned  among  delegates  desiring 
them,  by  as  nearly  equal  division  as  is  practicable. 

Mr.  President  put  the  question  on,  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Goodelle,  from  the  Committee  on  Suffrage,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Eoche,  introductory  No.  186,  entitled  "Proposed  constitu- 
tional amendment  to  amend  section  4  of  article  2,  to  designate 
the  courts  in  which  persons  may  be  naturalized,  and  providing 
for  holding  such  courts  at  stated  times,"  beg  to  be  discharged 
from  further  consideration  of  the  proposed  amendment,  and 
respectfully  ask  to  have  it  referred  to  the  Committee  on  Judi- 
ciary, and  said  amendment  was  so  referred. 

Mr.  Smith  moved  that  the  Committee  on  Preamble  be  allowed 
one  week  more  in  which  to  make  report  on  proposed  constitu- 
tional amendment  introduced  by  him,  No.  236,  introductory 
No.  234,  entitled  "To  better  protect  the  enjoyment  of  natural 
rights,  and  prohibit  compulsory  physical  examinations  in  cases 
to  recover  damages  for  personal  injuries." 

Also,  No.  379,  introductory  No.  367,,  entitled  "To  revise  and 
amend  section  6  of  article  1  of  the  Constitution,  for  the  better 
protection  of  the  enjoyment  of  natural  and  personal  rights." 

Mr.  President  put  the  question  on  said  motion,  and  it  wias  deter- 
mined in  the  affirmative. 

Mr.  Hottenroth  asked  the  same,  for  the  same  committee,  for 
the  amendment  offered  by  him,,  No.  352,  introductory  No.  343, 
entitled  "  To  amend  section  6  of  article  1  of  the  Constitution,  as 
to  taking  of  property  for  public  use." 

Mr.  President  put  the  question  on  said  motion,  and  it  WES  deter- 
mined in  the  affirmative. 

Mr.  McClure  moved  that  the  Committee  on  Forest  Preserva- 
tion have  until  Thursday  next  to  make  their  final  report. 
31 


482  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  wias  deter- 
mined in  the  affirmative. 

Mr.  Osborn  moved  that  the  Committee  on  Civil  Service  have 
their  time  extended  until  Mr.  Gilbert  is  present  to  make  a  final 
report. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

To  the  Honorable  the  Constitutional  Convention: 

The  Committee  on  Railroads,  Transportation  and  Electrical 
Transmission  begs  leave  to  report: 

That  they  have  considered  all  propositions  by  way  of  proposed 
amendments  and  resolutions  referred  to  them,,  and  have  passed 
upon  the  same,  and  there  is  no  further  business  before  the 
committee. 

All  of  which  is  respectfully  submitted. 

J.  C.  DA  VIES, 

Chairman. 

Mr.  Root  called  up  the  report  of  the  Committee  on  Rules  in 
words  following:  ' 

"  To  amend  Rule  7,  by  inserting  after  the  word  '  request,'  in  the 
fifth  line,  '  or  any  member  may  explain  his  vote  for  not  exceeding 
three  minutes/" 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Also  the  following: 

"  Strike  out  last  sentence  of  Rule  29." 

Mr.  W.  H.  Steele  moved  to  amend  as  follows: 
Strike  out  the  last  paragraph  and  in  place  thereof  add  as 
follows: 

"This  question  may  be  superseded  by  the  motions  to  lay  on 
the  table,  to  commit  or  recommiVto  postpone  or  to  amend. 
"  If  leave  to  sit  again  be  refused,  the  question  is  lost" 

Mr.  Dickey  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 


*»/ 

s  deter- 


CONSTITUTIONAL  CONVENTION.  *  483 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Steele, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  the  report  of 
the  committee,  and  it  was  determined  in  the  affirmative. 

Mr.  Johnson,,  from  the  Committee  on  Cities,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Banks,  introductory  No.  210,  entitled  "Proposed  constitu- 
tional amendment  to  amend  article  8  of  the  Constitution,  rela- 
tive to  franchises  in  city  streets  and  places,"  reported  in  favor  of 
the  passage  of  the  same,  with  some  amendments,  which  report 
was  agreed  to  and  said  proposed  constitutional  amendment 
committed  to  the  Committee  of  the  Whole. 

The  Convention  then  went  into  Committee  of  the  Whole^  and, 
after  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  the  First  Vice-President,  Mr.  Alvord,  took  the  chair, 
and  the  Convention  took  a  recess  until  three  o'clock. 


AFTERNOON  SESSION. 

Three  o'clock  P.  M. 


The  Convention  again  met. 

The  Convention  proceeded  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  five  o'clock  having 
arrived,  the  First  Vice-President,  Mr.  Alvord,  took  the  chair,  and 
the  Convention  took  a  recess  until  eight  o'clock. 


EVENING   SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again   met. 

tie  Convention  proceeded  in  Committee  of  the  Whole,  and, 
r  some  time  spent  therein,  the  hour  of  ten  o'clock  having 
arrived,  the  First  Vice-President,  Mr.  Alvord,  took  the  chair, 
and  the  Convention  adjourned. 


484  JOURNAL  OF  THE 

Wednesday,  August  22,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Kev.  Paul  Birdsall. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Tues- 
day, August  twenty  first,  was  dispensed  with. 

By  vote  of  the  Convention,  the  following  gentlemen  were 
excused  from  attendance  as  follows:  For  to^dayp  Mr.  Lauterbach; 
for  Friday  and  Saturday  next,  Mr.  Goodelle;  from  Friday  noon 
until  Monday  evening  next,  Mr.  Durfee;  Mr.  Burr,  until  recovery 
of  illness  in  his  family;  for  Saturday,  Mr.  Mulqueen. 

Mr.  Kellogg  offererd  a  resolution  in  words  following: 
"Resolved,  That  the  Comptroller  is  respectfully  requested  to 
furnish  the  Convention  at  once  with  the  list  of  the  exempt  prop- 
erty in  the  State  called  for  by  the  Convention  some  time  since, 
so  far  as  the  same  is  now  completed  by  him." 
Referred  to  the  Committee  on  Finance  and  Taxation. 

The  last  date  of  the  Record  appearing  on  the  files  of  the  mem- 
bers this  day  is  of  date  of  August  sixteenth. 

Mr.  Gilbert,  from  the  Committee  on  Industrial  Interests,  to 
which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  Kellogg,  introductory  No.  52,  entitled  "Proposed 
constitutional  amendment  to  amend  the  Constitution  relative  to 
the  liability  of  employers  for  injuries  to  employes;"  also,  one 
introduced  by  Mr.  Coleman,  introductory  No.  130,  entitled  "Pro- 
posed constitutional  amendment  to  amend  the  Constitution,  con- 
cerning actions  for  damages  for  negligence,"  reported  in  favor  of 
the  passage  of  the  same,  with  some  amendments,  which  report 
was  agreed  to  and  said  proposed  constitutional  amendment  com- 
mitted to  the  Committee  of  the  Whole. 

Mr.  Gilbert,  from  the  Committee  on  Industrial  Interests,  to 
which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Springweiler,  introductory  No.  58,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  6,  article 
1  of  the  Constitution,  relating  to  conspiracy,"  reported  in  favor 
of  the  passage  of  a,  substitute  therefor,  which  report  was  agreed 
to  and  said  substitute  committed  to  the  Committee  of  the  Whole?. 


CONSTITUTIONAL  CONVENTION.  485 

• 

Mr.  Gilbert,  from  the  Committee  on  Industrial  Interests,  to 
which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  Tucker,  introductory  No.  315,  entitled  "  Proposed 
constitutional  amendment  to  amend  article  1  of  the  Constitution, 
by  adding  a  new  section  thereto,  relating  to  a  lawful  day's  work, 
to  the  employment  of  women  and  minors,  and  to  unsanitary  labor 
in  tenement  houses,"  reported  adversely  thereto,  which  report  was 
agreed  to. 

Mr.  Barrow  moved  that  the  Special  Order  previously  made  for 
this  morning,  being  the  adverse  report  of  the  Committee  on 
Powers  and  Duties  of  the  Legislature  on  the  proposed  constitu- 
tional amendment  relating  to  two-thirds  bills,  printed  No.  81, 
introductory  No.  81,  be  made  a  special  order  immediately  after 
the  consideration  of  the  judiciary  amendment. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  all  the  members 
elected  to  the  Convention  voting  in  favor  thereof. 

Mr.  Davies,  from  the  Committee  on  Railroads,  to  which  wa,s 
referred  the.  proposed  constitutional  amendment  introduced  by 
Mr.  Oornwell,  introductory  No.  363,  entitled  "Proposed  constitu- 
tional amendment  to  prevent  discrimination  in  rates  or  charges 
either  by  railroad,  telegraph  or  telephone  companies,  corporation^ 
or  common  carriers  doing  business  within  the  bounds  of  the 
State,"  reported  in  favor  of  the  passage  of  the  same,  with  some 
amendments;  several  members  of  the  committee  dissenting  from 
the  report,  which  report  was  agreed  to,  and  said  amendment 
committed  to  the  Committee  of  the  Whole. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  the  President  resumed  the  chair,  and  the  Convention 
took  a  recess  until  three  o^clock. 


486  JOURNAL  OF  THE 

AFTERNOON  SESSION. 

Three  o'clock  P.  M. 
The  Convention  again;  met. 

First  Vice-President,  Mr.  Alvord,  in  the  chair. 

• 

The  Convention  again  proceeded  ini  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  five  o'clock  having 
arrived,  the  First  Vice-President  resumed  the  chair,  and  the  Con- 
vention took  a  receas  until  eight  o'clock. 


EVENING  SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met. 
First  Vice-President,  Mr.  Alvord,  in  the  chair. 

The  Convention  again  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  ten  o'clock  having 
arrived,  the  First  Vice-President  resumed  the  chair,  and  the  Con- 
vention adjourned. 


Thursday,  August  23,  1894. 

The  Convention  met  pursuant  to  adjournment. 
First  Vice-President  Mr.  Alvord  in  the  chair. 
Prayer  by  Rev.  H.  C.  Searles. 

On  motion  of  Mr.  Cookinham,  the  reading  of  the  Journal  of 
Wednesday,  August  twenty-second,  was  dispensed  with. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance  as  follows  :  For  to-day,  Messrs.  Kurth,  Put- 
nam; for  Friday  and  Saturday,  Messrs.  McClure,  Barrow  and 
Pool;  for  Saturday  afternoon  and  Monday,  Messrs.  Barhite, 
Church,  Roche  and  Lyon;  for  Saturday  and  Monday,  Mr.  Nichols; 
for  Saturday,  Messrs.  Wiggins,  C.  H.  Lewis,  Bush,  Carter;  for 
Saturday  afternoon,  Mr.  Veeder;  until  Monday,  Mr.  Kellogg; 
during  illness.,  Mr.  Hawley. 

The  last  Record  appearing  on  the  files  of  members  to-day  is 
of  date,  August  sixteenth. 


CONSTITUTIONAL  CONVENTION.  487 

On  motion  of  Mr.  Giegerich,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  John  J.  Blair  and  his  associates  of  the 
Old  Volunteer  Fire  Department  of  New  York  city. 

Mr.  Johnson,  from  the  Committee  on  Cities,  to  which  was 
recommitted  the  proposed  constitutional  amendment  introduced 
by  the  Committee  on  Cities,  introductory  No.  369,  entitled  "  Pro- 
posed constitutional  amendment  to  provide  home  rule  for  cities," 
reported  in  favor  of  the  passage  of  the  same  with  some  amend- 
ments,, which  report  was  agreed  to,  and  said  proposed!  constitu- 
tional amendment  restored  to  its  place  on  General  Orders. 

Mr.  A.  H.  Green  moved  that  the  Journal  be  corrected  regard- 
ing his  vote  on  the  adverse  report  of  the  Committee  on  Suffrage, 
relating  to  woman  suffrage,  to  be  found  on  page  499,  of  the 
Journal,  August  fifteenth,  as  he  voted  in  the  negative  and  is 
recorded  in  the  affirmative. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Hedges,  from  the  Committee;  on  Militia,,  to  which  was 
referred  the  proposed  constitutional  amendment  introduced  by 
Mr.  Cochran,  introductory  No.  333,  entitled  "Proposed  constitu- 
tional amendment  to  amend  article  11  of  the  Constitution,  relat- 
ing to  the  militia,"  reported  in  favor  of  the  passage  of  the  same 
with  some  amendments,  which  report  was;  agreed  to,  and  said 
proposed  constitutional  amendment  committed  to  the  Committee 
of  the  Whole.  Also,  returns  proposed  constitutional  amendment 
No.  233,  introduced  by  Mr.  Tucker,  the  same  being  embodied  in 
the  foregoing  amendment  No.  333. 

Mr.  McClure,  from  the  Special  Committee  on  Forest  Preser- 
vation, made  a  report  (which  was  ordered  printed),  and,,  in  con- 
nection therewith,  presented  a  proposed  constitutional  amend- 
ment to  amend  the  Constitution  relative  to  forest  preserves," 
which  was  read  twice  and  referred  to  the  Committee  of  the 
Whole. 

And,  on  motion  of  Mr.  McClure,  and  by  unanimous  consent, 
said  amendment  was  made  a  special  order  for  next  Monday 
evening. 

On  motion  of  Mr.  Gilbert,  General  Order  No.  69,  printed  No.  448, 
introductory  No.  130,  entitled  "Proposed  constitutional  amend- 
ment, relative  to  the  liability  of  employers  for  injuries  to 
employes;"  also,  General  Order  No.  70,  printed  No.  449,  intro- 
ductory No.  58,  entitled  "Proposed  constitutional  amendment 


488  JOURNAL  OF.  THE 

to  amend  article  6,  relating  to  conspiracy,"  was  ordered  reprinted, 
correctly,  retaining  the  same  numbers  throughout,  and  be  placed 
on  the  files  of  the  members  in  place  of  the  ones  now  on  the  files. 

Tine  Convention  then  proceeded  in  Committee  of  the  Whole,  on 
the  proposed  constitutional  amendment,  printed  No.  422,  relating 
to  the  judiciary,  and,  after  some  time  spent  therein,  the  hour  of 
one  o'clock  having  arrived,  the  First  Vice-President  resumed  the 
Chair,  and  the  Convention  took  a  recess  until  three  o'clock. 


AFTERNOON  SESSION. 

Three  o'clock,  P.  M. 

The  Convention  again  met,  the  First  Vice-President,  Mr. 
Alvord,  in  the  chair. 

By  unanimous  consent,  Mr.  Hollsj,  from  the  Committee  on  Edu- 
cation, made  a  report  in  writing  relating  to  "Education  and 
free  common  schools,"  which  wasi  ordered  printed. 

By  unanimous  consent,  Mr.  Root  moved  that  1,000  extra  copies 
of  said  report  be  printed  for  the  use  of  the  members  of  the 
Convention. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  Mr.  Acker,  from  said  com- 
mittee, reported  in  words  following  : 

The  Committee  of  the  WThole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  422,  entitled 
"Proposed  constitutional  amendment  to  amend  article  6  of  the 
Constitution,  relating  to  the  judiciary,"  have  gone  through  with 
the  same,  havej  made  some  amendments  thereto,  and  instructed 
the  chairman  to  report  the  same  to  the  Convention,,  and  recom- 
mend its  passage. 

The  question;  being  on  agreeing  to  said  report,  Mr.  Root  moved 
to  disagree  with  the  report  of  the;  Committee  of  the  Whole,  and 
that  said  amendment  be  recommitted  to  the  Committee  of  thr 
Whole,  retaining  its  place  as  a  special  order, 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  489 

Tlie  Convention  then  again  proceeded  in  Committee  of  the 
Whole,  and,  after  some  time  spent  therein,  the  hour  of  five  o'clock 
having  arrived,  the  President  resumed  the  chair  and  the  Con- 
vention took  a  recess  until  eight  o'clock. 


EVENING  SESSION. 

Eight  o'clock,  P.  M. 

The  Convention  again  met,  First  Vice-President,  Mr.  Alvord, 
in  the  chair. 

Mr .  Boot  moved  that  the  time  of  the  session  be  extended  until 
half  past  ten. 

M  r.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

The  Convention  then  again  proceeded  in  Committee  of  the 
Whole,  and,  after  some  time  spent  therein,  Mr.  Acker,  from  s«ud 
committee,  reported  in  words  following  : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  422,  entitled 
"Proposed  constitutional  amendment  to  amend  article  6  of  the 
Constitution,  relating  to  the  judiciary,"  have  gone  through  with 
the  same,  have  made  some  amendments  thereto,  and  instructed 
the  chairman  to  report  the  same  to  the  Convention,,  and  recom- 
mend its  passage. 

The  question  being  on  agreeing  with  said  report,  Mr.  Lincoln 
moved  to  recommit  said  amendment  to  the  Committee  on  Judi- 
ciary, with  instructions  to  amend  as  follows,  and  report  forth- 
with as  amended  : 

Substitute  the  following  for  the  first  paragraph  of  section  14, 
down. to  and  including  the  word  "defendant,"  in  line  11,  page  11: 

The  existing  county  courts  are  continued,  •  and  the  judges 
thereof  now  in  office,  shall  hold  their  offices  until  the  expiration 
of  their  respective  terms.  In  the  county  of  Kings  there  shall 
be  two  county  judges  and  the  additional  county  judge  shall  be 
chosen  at  the  next  general  election  held  after  the  adoption  of 
this  article.  The  successors  of  the  several  county  judges  shall 
be  chosen  by  the  electors  of  the  counties  for  the  term  of  six 
years.  The  county  courts  shall  have  general,  original  jurisdic- 
tion in  law  and  equity  in  all  cases  where  the  defendant  resides 


490  JOURNAL  OF  THE 

in  the  county,  subject  to  such,  appellate  jurisdiction  of  the 
Supreme  Court  or  Court  of  Appeals,  as  may  be  prescribed  by 
law.  Such  county  courts  shall  also  have  such  appellate  juris- 
diction as  may  be  provided  by  law,  subject,, however,  to  such 
provision  as  shall  be  made  by  law  for  the  removal  of  causes  into 
the  Supreme  Court  They  shall  also  have  such  original  juris- 
diction as  shall,  from  time  to  time,,  be  conferred  upon  them  by 
the  Legislature. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Lincoln, 
and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Campbell,  Carter,  Church,  Crosby,  Emmet, 
Fields,  Floyd,  Frank,  Augustus;  Fuller,  O.  A.;  Gibney,  G-illeran, 
Green,  A.  H.;  Johnson,  I.  Sam;  Lincoln,  Mantanye,  McArthur, 
McKinstry,  Meyenborg,  Moore,  Osborn,  Speer,  Springweiler, 
Towns,  Vedder,  Veeder,  Woodward  —  26. 

Noes  —  Messrs.  Acker,  Ackerly,  Alvord,  Arnold,  Baker,  Banks, 
Barhite,  Barrow,  Becker,  Bigelow,  Baker,  Bowers,  Brown,  E.  A.; 
Bush,  Cady,  Cassidy,  Clark,  H.  A.;  Cochran,  Cookinham,  Davis, 
G.  A.;  Deaidy,  Dean,  Deterling,  Deyo,  Dickey,  Doty,  Durfee,  Dur- 
nin,  Faber,  Fitzgerald,  Foote,  Forbes,  Francis,  Frank,  Andrew; 
Fuller,  C.  A.;  Giegerich,  Gilbert,  Groeller,  Green,  J.  I.;  Hamlin, 
Hecker,  Hedges,  Hill,  Holcomb,  Holls,  Hottenroth,  Jenks,  John- 
son, J. ;  Johnston,  R.  M. ;  Kerwin,  Kimmey,  Kinkel,  Kurth,  Lester, 
Lewis,  M.  E.  Lyon,  Manley,  Marks,  Marshall,  Maybee,  McLaughlin, 
J.  W.;  McMillan,  Morton,  Mulqueen,  Nichols,  W.  H.;  Nostrand, 
O'Brien  Ohmeis,  Parkhurst,  Phipps,  Platzek,  Pool,  Pratt,  Roche, 
Root,  Rowley,  Sandford,  Sullivan,  T.  A.;  Titus,  Truax,  C.  H.;  Tur- 
ner, Vogt,  Whitmyer,  Williams,  President  —  85. 

Mr.  Alvord  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  wa^  determined  in  the  affirmative. 

Ayes — Messrs.  Acker,  Ackerly,  Alvord,  Arnold,  Banks,  Barhite, 
Barrow,  Becker,  Bigelow,  Bowers,  Brown,  E.  A.;  Brown,  E.  R.; 
Bush,  Oady,  Church,  Clark,  H.  A.;  Cookinham,  Davies,  J.  C.;  Davis, 
G.  A.;  Deady,  Dean,  Deterling,  Dickey,  Doty,  Durfee,  Durnin, 
Emmet,  Faber,  Fields,  Fitzgerald,  Floyd,  Foote,  Francis,  Frank, 
Andrew,  Frank,  Augustus;  Fuller,  C.  A.;  Fuller,  O.  A.;  Gibney, 


CONSTITUTIONAL  CONVENTION.  491 

Giegerich,  G-oeller,  Green,  J.  I.;  Hamlin,  Hecker,  Hedges,  Hill, 
Holcomb,  Hells,  Hottenroth,  Jenks,  Johnson,  J.;  Johnston,  R.  M.; 
Kerwin,  Kimmey,  Kinkel,  Kurth,  Lauterbach,  Lester,  Lewis,  M.  E. ; 
Lyon,  Manley,  Marks,  Marshall,  Maybee,  McDonough,  McLaughlin, 
J.  W.;  McMillan,  Moore,  Morton,  Mulqueen,  Nichols,  W.  H.;  Nicoll, 
I)e  L.;  Nostrand,  O'Brien,  Ohnieis,  Osborn,  Parkhurst,  Peabody, 
Phipps,  Platzek,  Pool,  Powell,  Roche,  Root,  Rowley,  Springweiler, 
Steele,  A.  B.;  Sullivan,  T.  A.;  Titus,  Truax,  O.  H.;  Turner,  Vedder, 
Vogt,  Williams,  Woodward,  President  —  95. 

Noes  —  Messrs.  Baker,  Blake,  Campbell,  Gochran,  Crosby, 
Deyo,  Forbes,  Gilleran,  Green,  A.  H.;  Lincoln,  Mantanye, 
McArthur,  McKinstry,  Meyenborg,  Sandf  ord,  Speer,  Steele,  W.  H. ; 
Towns,  Veeder  — 19. 

And  said  amendment  was  referred  to  the  Committee  on  Revis- 
ion and  Engrossment 

And  at  10.30  the  Convention  adjourned. 


Friday,  August  24,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  A.  K.  Duff. 

On  motion  of  Mr.  A.  H.  Green,  the  reading  of  the  Journal  of 
Thursday,  August  twenty-third,  was  dispensed  with. 

Mr.  President  presented  a  communication  from  the  Attorney- 
General,  in  response  to  the  resolution  of  Mr.  C.  B.  McLaughlin, 
relative  to  the  number  of  causes  tried  before  the  Board  of  Claims 
during  the  past  five  years.  ,  \ 

On  motion  of  Mr.  McLaughlin,  the  same  was  ordered  printed. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows:  For  Friday  afternoon  and  Satur- 
day, Messrs,  Vedder,  Peabody,  M.  E.  Lewis;  for  Saturday,  Messrs. 
Mereness,  Banks;  for  Saturday  and  Monday,  Messrs.  Baker, 
Gibney,  C.  H.  Davis,  J.  I.  Green ;  for  Friday  afternoon,  Mr.  M.  E. 
Lewis;  for  Monday  and  Tuesday,  Mr.  Crosby;  for  this  evening, 
Mr.  Kimmey. 

The  last  Record  appearing  upon  the  files  of  members  to-day  is 
of  date,  August  seventeenth. 


492  JOURNAL  OF.  THE 

Mr.  President  presented  a  communication  from  the  Comp- 
troller, in  response  to  the  resolution  of  Mr.  Roche,  giving  infor- 
mation relative  to  the  lands  owned  by  the  State  other  than 
the  Salt  Springs  Reservation,  and  other  special  tracts,  in  words 
following  : 

STATE  OF  NEW  YORK : 

COMPTROLLER'S  OFFICE,          \ 

August  23,  1894.  J 
To  the  Constitutional  Convention: 

In  reply  to  the  following  resolution  of  your  honorable  body, 
adopted  July  twentieth,  last: 

"  Resolved,  That  the  Comptroller  be  and  he  is  hereby  requested 
to  transmit  to  this  Convention  a  statement  of  what  land  other 
that  the  forest  preserves,  the  canals,  the  salt  springs,  and  the 
lands  upon  which  public  buildings  are  erected,  are  owned  bv 
the  State  of  New  York,  the  estimated  value  of  said  property, 
what  income  is  derived  from  the  same,  and  where  situated,  and 
what  provision,  if  any,  in  his1  opinion,  should  be  made  for 
disposing  of  said  property;" 

I  have  the  honor  to  transmit  herewith  the  statement  requested, 
which  has  been  prepared  under  considerable  difficulty,  arising 
from  want  of  information  on  some  points,  and  from  the  pressure 
of  business  incident  to  this  season  of  the  year,  but  which  has 
been  made  as  full  and  accurate  as  the  limited  time  given  me 
would  permit. 

The  list  of  such  lands,  so  far  as  the  title  thereto  has  been 
obtained  through  tax  sales  and  the  foreclosure  of  Loan  Commis- 
sioners' mortgages,,  records  of  which  are  on  file  in  this  office,  is 
complete.  The  remainder  of  the  list,  which  has  necessarily  been 
obtained  from  other  departments  and  sources,  has  been  compiled 
with  care,  and  is  believed  to  be  complete. 

The  value  of  most  of  these  lands  is  unknown  to  me.  The 
estimate  given,  where  title  has  been  derived  through!  tax  sales, 
is  largely  based  on  assessed  values;  where  title  has  been 
obtained  through  mortgage  foreclosures,  on  the  appraisal  made 
at  the  time  of  the  foreclosure  sale;  and  in  other  cases,  from 
inquiry  of  residents  of  the  town  or  county  in  which  the  lands 
are  located.  The  estimates  made,  if  not  correct,  are  approxi- 
mately so. 

The  income  derived  from  such  of  the  properties  as  are  leaised, 
or  used  for  any  purposes,  is  in  accordance  with  official  reports 


CONSTITUTIONAL  CONVENTION.  493 

to  this  department.  The  sale  of  such  of  said  lands  as  are 
uncultivated,  and  within  ten  miles  of  Clinton  prison,  is  prohibited 
by  chapter  20$,  Laws  of  1894,  which  law,  in  my  opinion,  confers 
ample  and  safe  powers  upon  the  Commissioners  of  the  Land 
Office  to  dispose  of  these  lands.  A  forced  sale  at  any  particular 
time,  like  the  present,  might  be  prejudicial  to  the  best  interests 
of  the  State.  From  such  attention  as  I  have  given  to  the 
subject,  I  am  convinced  that  no  additional  legislation  authorizing 
the  sale  thereof  is  required.1 

Respectfully  submitted, 

WILLIAM  J.  MORGAN, 

Deputy  Comptroller. 

On  motion  of  Mr.  Roche  said  communication  was  ordered 
printed. 

Mr.  Jacobs  moved  to  take  from  the  table  the  resolution  pre- 
viously offered  by  him,  in  words  following: 

Whereas,  The  Delegates  to  this  Convention  from  the  Sixth 
Senatorial  district,  were  unjustly  deprived  of  their  seats  and 
prevented  from  taking  any  part  in  the  deliberations  of  this  body, 
during  the  period  from  May  8,  1894,  to  August  3,  1894;  and, 

Whereas,  The  said  Delegates  have  made  demand  upon  the 
proper  disbursing  officer  of  this  Convention,  for  their  mileage 
and  per  diem  allowance,  as  provided  by  law  for  said  period, 
which  demand  has  been  refused;  now,  therefore,  be  it 

Resolved,  That  the  said  Delegates  from  the  Sixth  Senatorial 
district,  are  entitled  to  the  mileage  provided  by  law,  and  to  the 
per  diem  allowance  of  ten  dollars,  for  every  day  during  the 
period  from  May  8,  1894;,  to  and  including  August  2,  1894,  and 
that  the  President  of  this  Convention  be,  and  hereby  is,  requested 
to  certify  the  amount  thereof  to  the  State  Comptroller  for 
payment. 

Mr.  President  put  the  question  on  taking  from  the  table,  and  it 
was  determined  in  the  affirmative. 

On  motion  of  Mr.  Jacobs  said  resolution  was  referred  to  the 
Committee  on  Contingent  Expenses. 

Mr.  J.  Johnson  moved  that  General  Order  No.  13,  introductory 
No.  369,  printed  No.  451,  relating  to  home  rule  for  cities,  be 
made  a  special  order  for  next  Monday  morning,  and  that  the 
consideration  be  continued  until  disposed  of. 


494  JOURNAL  OF 

Mr.  Hotchkiss  moved  to  stiike  out  "Monday"  and  insert  in 
lieu  thereof  "Tuesday." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Hotchkiss. 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  J.  Johnson, 
and  it  was  determined  in  the  affirmative,  two-thirds  of  all  the 
members  elected  voting  in  favor  thereof.  \ 

Mr.  McKinstry  offered  a  resolution  in  words  following: 
Resolved,    That  upon  Saturday,  a  session  of  three  hours  be 

held,  from  nine  A.  M.  until  noon,  and  that  the  Convention  then 

adjourn  until  Monday  morning.: 

Keferred  to  the  Committee  on  Eules. 

Mr.  Barhite  moved  that  General  Order  No.  63,  introductory 
No.  390,  printed  No.  442,  relating  to  the  diversion  of  the  waters 
of  Niagara  river,  be  made  a  special  order  for  next  Thursday 
evening: 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Barhite, 
and  it  was  determined  in  the  affirmative,  two-thirds  of  all  the 
members  elected  voting  in  favor  thereof. 

Mr.  President  announced  the  Special  Order,  being  the  adverse 
report  of  the  Committee  on  Legislative  Powers  and  Duties, 
introductory  No.  81,  printed  No.  81,  in  regard  to  two-third  bills. 

Mr.  Barrow  then  moved  that  said  report  be  made  a  Special 
Order  for  next  Wednesday  evening. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Barrow, 
and  it  was  determined  in  the  affirmative,  two-thirds  of  all  the 
members  elected  voting  in  favor  thereof. 

Mr.  Becker  moved  that  the  time  for  the  Committee  on  Legisla- 
tive Organization  to  report  on  apportionment,  be  extended  to 
Monday  evening  next. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Becker, 
and  it  was  determined  in  the  affirmative. 

Mr.  Goeller  offered  a  resolution  in  words  following : 

Resolved,  That  meetings  (as  now  arranged)  of  this  Convention 
upon  Saturday  be  changed,  and  that  but  one  session  be  held; 
same  to  endure  five  hours,  from  nine  A.  M.  until  two  P.  M.,  and 
that  the  rule  obtain  that  thereupon  the  Convention  adjourn  until 


CONSTITUTIONAL  CONVENTION.  495 

ten  o'clock  the  following  Monday  morning.     This  to  apply  to 
Saturday  sessions  only. 

Referred  to  Committee  on  Rules. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Veeder,  from  said  committee, 
rep'orted  in  words  following: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  381,  entitled 
"To  amend  section  5  of  article  2,  relating  to  the  manner  of 
elections,"  have  gone  through  with  the  same,  have  made  no 
amendment  thereto,  and  instructed  the  chairman  to  report  to 
the  Convention,  and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  w^s  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Ackerly,  Allaben,  Alvord,  Arnold, 
Baker,  Barhite,  Barnum,  Becker,  Cady,  Carter,  Chipp,  Jr.;  Clark, 
G.  W.;  Clark,  H.  A.;  Cochran,  Coleman,  Cookinham,  Davis,  G.  A.; 
Deterling,  Dickey,  Doty,  Durfee,  Faber,  Floyd,  Foote,  Forbes, 
Frank,  Augustus;  Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger, 
Gibney,  Giegerich,  Gilbert,  Green,  A.  H.;  Hecker,  Hedges,  Hill, 
Holls,  Hottenroth,  Jenks,  Johnson,  I.  Sam ;  Johnson,  J. ;  Johnston, 
R.  M.;  Lauterbach,  Lester,  Lewis,  M.  E.;  Manley,  Mantanye,  Mar- 
shall, Maybee,  McDonough,  McLaughlin,  C.  B.;  McMillan,  Moore, 
Nichols,  W.  H.;  Nicoll,  De  L.;  Nostrand,  O'Brien,  Osborn,  Parker, 
Parkhurst,  Pashley,  Phipps,  Platzek,  Porter,  Powell,  Pratt,  Put- 
nam, Redman,  Roche,  Root,  Springweiler,  Steele,  A.  B.;  Steele, 
W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts,  Towns,  Turner,  Vedder, 
Vogt,  Wellington,  Wiggins  —  84. 

Noes  —  Messrs.  Acker,  Banks,  Bigelow,  Blake,  Bowers,  Brown, 
E.  R.;  Campbell,  Cassidy,  Church,  Crosby,  Danforth,  Deady,  Dean, 
Deyo,  Durnin,  Emmet,  Farrell,  Fields,  Frank,  Andrew;  Gilleran, 
Goeller,  Green,  J.  L;  Griswold,  Hamlin,  Hirschberg,  M.  H.;  Hoi- 
comb,  Jacobs,  Kimmey,  Kinkel,  Lewis,  C.  H. ;  Lincoln,  Lyon,  Marks, 
McCurdy,  McKinstry,  McLaughlin,  J.  W.;  Mereness,  Meyenborg, 
Morton,  Mulqueen,  Ohmeis,  Parmenter,  Peck,  Rogers,  Sohumaker, 
Smith,  Speer,  Spencer,  Sullivan,  W.;  Tekulsky,  Titus,  Traux,  C.  S.; 
Tucker,  Veeder,  Whitmyer,  Williams,  Woodward,  President  —  58. 

And  said  amendment  was  referred  to  the  Committee  on 
Revision  and  Engrossing. 


496  JOURNAL  OF  THE 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  E.  R.  Brown,  from  said  committee, 
reported  in  words  following: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  396,  entitled 
"To  amend  article  3,  relating  to  the  passage  of  laws/'  have  made 
some  progress  in  ^e  same,,  and  have  instructed  the  chairmaD 
to  report  adversely  thereto. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Alvord,  Banks,  Bar- 
num,  Bigelow,  Brown,  E.  R.;  Cady,  Cassidy,  Chipp,  Jr.;  Church, 
Clark,  G.  W.;  Clark,  H.  A.;  Crosby,  Danfortn,  Deady,  Dean,  Deter- 
ling,  Dickey,  Doty,  Durnin,  Emmet,  Faber,  Fields,  Floyd,  Foote, 
Frank,  Augustus;  Fuller,  C.  A.,  Fuller,  O.  A.;  Galinger,  Gilbert, 
Goeller,  Griswold,  Hamlin,  Hecker,  Hedges,  Hirschberg,  M.  H.; 
Holls,  Hotchkiss,  Jacobs,  Johnson,  I.  Sain;  Johnston,  R.  M.;  Kin- 
kel,  Lauterbaeh,  Lester,  Lewis,  C.  H.;  Lyon,  Manley,  Marshall, 
Maybee,  McCurdy,  McKinstry,  McLaughlin,  C.  B.;  McLaughlin, 
J.  W.;  McMillan,  Morton,  Nichols,  W.  H.;  Nicoll,  De  L.;  Nostrand, 
O'Brien,  Ohmeis,  Osborn,  Parker,  Parkhurst,  Parmenter,  Pashlcy, 
Phipps,  Platzek,  Porter,  Pratt,  Redman,  Root,  Schumaker,  Spen- 
cer, Steele,  A.  B.;  Steele,  W.  H.;  Tekulsky,  Tibbetts,  Truax,  C.  S.; 
Wellington,  Woodward,  President  —  83. 

Noes  —  Messrs.  Barhite,  Blake,  Bowers,  Campbell,  Cochran, 
Coleman,  Deyo,  Farrell,  Forbes,  Frank,  Andrew;  Gibney,  Giege- 
rich,  Gilleran,  Green,  A.  H. ;  Green,  J.  I. ;  Hottenroth,  Jenks,  Kim- 
mey,  Marks,  McDonough,  Mulqueen,  Powell,  Roche,  Rogers,  Smith, 
Springweiler,  Titus,  Towns,  Truax,  C.  H. ;  Tucker,  Turner,  Vedder, 
Vogt  — 33. 

Mr.  Hamlin  moved  to  reconsider  the  vote  by  which  the  com- 
munication from  the  Comptroller,  relating  to  lands  owned  by  the 
State,  other  than  the  salt  lands  and  other  specified  tracts,  was 
ordered  printed. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Hamlin, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche,  to 
print,  and  it  was  determined  in  the  negative. 

The  hour  of  one  o'clock  having  arrived,  the  Convention  took  a 
recess  until  three  o'clock. 


CONSTITUTIONAL  CONVENTION.  497 

AFTEKNOON  SESSION. 

Three  o'clock,  P.  M. 
The  Convention  again  met. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,,  Mr.  C.  H.  Truax,  from  said  committee, 
reported  in  words  following: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  317,  entitled 
"To  amend  article  2  of  the  Constitution,  relative  to  suffrage," 
have  made  some  progress  in  the  same,  but  not  having  gone 
through  therewith,  have  instructed  the  chairman  to  report  that 
fact  to  the  Convention,  and  ask  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Bowers  moved  that  said  amendment  be  made  a  Special 
Order  for  to-morrow  morning, 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Bowers, 
and  it  was  determined  in  the  affirmative,  two-thirds  of  all  the 
Delegates  voting  in  favor  thereof. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Bowers,  from  said  committee, 
reported  in  words  following: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  384,  entitled 
"To  amend  article  1  of  the  Constitution,  against  public  officers 
riding  on  passes,"  have  gone  through  with  the  same,  have  made 
some  amendments  thereto,  and  instructed  the  chairman  to  report 
the  same  to  the  Convention,  and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

And  said  amendment  was  referred  to  the  Committee  on 
Revision  and  Engrossment.1 

And  the  hour  of  five  o'clock  having  arrived,  the  Convention 
took  a  recess  until  eight  o'clock. 
32 


498  JOURNAL  OF  THE 

EVENING  SESSION. 

Eight  o'clock,  P.  M. 

The  Convention  again  met. 

Mr.  Pratt  moved  that  the  Committee  on  Kules  be  instructed 
to  report  a  rule  pending  that  one  session  of  the  Convention  be 
held  on  Saturday  of  each  week,,  beginning  at  nine  o'clock,  and 
ending  at  twelve  o'clock,  and  that  at  five,  minutes  before  twelve 
the  roll  be  called,  and  every  member  not  present  and  not  having 
been  excused,  shall  be  fined  twenty  dollars,  to  be  deducted  from 
his  per  diem  allowance. 

Eeferred  to  Committee  on  Kules. 

Mr.  Powell  offered  a  resolution  in  words  following: 

Kesolved,  That  any  member  of  this  Convention  who  shall 
hereafter  ride  upon  or  use  a  free  pass,  or  ticket,  over  any  rail- 
road, steamboat,  or  street  car  line,  shall  not  receive  his  per 
diem  for  the  remaining  time  during  which  the  Convention  shall 
remain  in  session, 

Mr.  Cookinham  moved  to  lay  said  resolution  on  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cookin- 
ham;, and  it  was  determined  in  the  affirmative. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Cookinham,  from  said  committee, 
reported  in  words  following: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  388,  entitled 
"To  amend  the  Constitution,  in  relation  to  the  title  of  bills," 
have  made  some  progress  in  the  same,  and  have  instructed  the 
chairman  to  report  adversely  thereto. 

Mr.  J.  Johnson  moved  to  lay  said  report  upon  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Johnson, 
and  it  was  determined  in  the  affirmative. 

Mr.  Barhite  moved  that  the  Committee  of  the  Whole  be  dis- 
charged from  the  further  consideration  of  General  Order  No.  22, 
printed  No.  389,  introductory  [No1.  120,,  entitled  "To  amend 
section  6  of  article  1,  giving  the  Legislature  power  to  pass  certain 
laws,"  and  that  the  same  be  rejected. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Barhite, 
and  it  was  determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  499 

Mr.  Boot,  from  the  Committee  on  Rules,  on  the  resolution  intro- 
duced by  Mr.  I.  S.  Johnson,  reported  in  words  following: 

Eesolved,  That  the  Committee  on  Rules  be  requested  to  report 
an  amendment  to  Rule  21,  by  adding  after  the  word  day,  in  the 
sixth  line,  the  following  words,,  "  and  if  not  so  moved  on  a  second 
call  it  shall  go  to  the  foot  of  the  calendar  of  General  Orders." 

Amendment  to  Rule  21,  as  follows :  In  line  6,  strike  out  "  lose 
its  precedence  for  the  day,"  and  insert  instead,  "go  to  the  foot 
of  the  calendar  of  General  Orders." 

Mr.  Dickey  moved  that  said  amendment  go  into  effect  on 
Tuesday  morning  next. 

Mr.  J.  W.  McLaughlin  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McLaugh- 
lin, and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Dickey, 
and  it  was  determined  in  the  affirmative.  ; 

Mr.  President  put  the  question  on  the  adoption  of  the  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Holls  moved  that  General  Order  No.  61,  printed  No.  439, 
introductory  No.  388,  entitled  "  To  amend  article  9P  relating  to 
the  free  common  schools,"  be  made  a  Special  Order  for  Monday 
and  succeeding  days  immediately  after  the  consideration  of  the 
report  of  the  Committee  on  Cities,  relating  to  home  rule  for 
cities. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Holls,  and 
it  was  determined  in  the  affirmative,  two-thirds  of  all  the 
Delegates  elected  voting  in  favor  thereof. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  adversely  on 
the  resolution  offered  by  Mr.  Pratt,  in  words  following: 

"  Resolved,  That .  the  Committee  on  Rules  be  instructed  to 
report  a  rule  providing  that  one  session  of  the  Convention  be  held 
on  Saturday  of  each  week,  beginning  at  nine  o'clock,  and  ending 
at  twelve  o'clock,  and  that  at  five  minutes  before  twelve,  the 
roll  be  called,  and  every  member  not  present  and  not  having 
been  excused,  shall  be  fined  twenty  dollars,  to  be  deducted  from 
his  per  diem  allowance." 

Mr.  President  put  the  question  on  the  adoption  of  said  report 
of  the  committee,  and  it  was  determined  in  the  affirmative. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  the  hour  of  ten  having  arrived,  the 
President  resumed  the  chair,  and  the  Convention  adjourned. 


500  JOURNAL  OF  THE 


Saturday,  August  25,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  A.  K.  Duff, 

On  motion  of  Mr.  A.  H.  Green,  the  reading  of  the  Journal  of 

Friday,  August  twenty-fourth,  was  dispensed  with. 

Last  Record  appearing  on  the  files  of  the  members  is  of  date 
of  Friday  evening,  August  seventeenth/ 

By  vote  of  the  Convention,  the  following  delegates  were 
excused  from  attendance,,  as  follows:  This  afternoon,  Messrs. 
Goeller,  Giegerich,  Forbes,  Galinger,  Nostrand,  Allaben;  for 
to-day,  Messrs.  De  L.  Mcoll,  Andrew  Frank ;  for  Monday,  Messrs. 
McKinstry,  Gr.  W.  Clark,  Foote,  Platzek  ;  for  Monday  morning 
Mr.  Moore. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  the  hour  of  one  o'clock  having  arrived 
Mr.  President  resumed  the  chair,  and  the  Convention  took  a 
recess  until  three  o'clock. 


AFTERNOON  SESSION. 

Three  o'clock, 


,:, 

The  Convention  again  met. 


The  Convention  again  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Dean  from  said  committee4, 
reported  in  words  following: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  392,  entitled 
"  To  amend  article  3  of  the  Constitution,  by  adding  a  section  to 
provide  for  the  occupation  and  employment  of  prisoners  in  the 
State  prisons,  penitentiaries,  jails  and  reformatories  in  the 
State,"  have  gone  through  with  the  same,  have  made  no  amend- 
ments thereto,  and  instructed  the  chairman  to  report  the  same 
to  the  Convention,  and  recommended  its  passage. 

Mr.  Abbott  moved  to  lay  said  report  on  the  table. 
Mr.  President  put  the  question  on  the  motion  of  Mr.  Abbott, 
nnd  it  was  determined  in  the  negative. 


CONSTITUTIONAL  CONVENTION.  501 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Ackerly,  Arnold,  Barnum,  Becker,  Blake, 
Bowers,  Campbell,  Cochran,  Coleman,  Crosby,  Davenport,  Dickey, 
Floyd,  Francis,  Frank,  Augustus;  Fraser,  Fuller,  C.  A.;  Fuller, 
O.  A.;  Gilleran,  Green,  A.  H.;  Hecker,  Hill,  Hoi  comb,  Holls, 
Hottenroth,  Jacobs,  Johnson,  I.  Sam;  Johnson,  J.;  Kerwin,  Kinkel, 
Kurrth,  Marks,  McArthur,  McDonough,  McKinstry,  Meyenborg, 
Moore,  Morton,  Ohmeis,  Parker,  Peabody,  Peck,  Platzek,  Porter, 
Powell,  Rogers,  Smith,  Speer,  Springweiler,  Sullivan,  T.  A.;  Titus, 
Truax,  C.  H.;  Truax,  C.  S.;  Tucker,  Turner,  Vogt,  Williams, 
Woodward  —  58. 

Noes  —  Messrs.  Abbott,  Alvord,  Bigelow,  Brown,  E.  A.;  Cady, 
Clark,  H.  A.;  Deady,  Dean,  Doty,  Emmet,  Farrell,  Gilbert,  Gris- 
wold,  Hamlin,  Hawley,  Manley,  Marshall,  Mclntyre,  McLaughlin, 
C.  B.;  McLaughlin,  J.  W.;  O'Brien,  Osborn,  Parkhurst,  Phipps, 
Pratt,  Putnam,  Rowley,  Spencer,  Steele,  A.  B.;  Steele,  W.  H.;  Tib- 
betts,  Wellington,  President  —  33. 

And  said  amendment  was  referred  to  the  Committee  on 
Revision  and  Engrossment. 

Mr.  Gilbert  moved  that  the  Convention  go  into  Committee  of 
the  Whole  on  General  Order  No.  65, 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Gilbert, 
and  it  was  determined  in  the  affirmative. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  Platzek,  from  said  committee, 
reported  in  words  following: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  444,  entitled 
"  To  amend  section  6  of  article  10,  in  relation  to  the  time  when 
the  legislature  shall  assemble,,"  have  gone  through  with  the  same, 
have  made  no  amendments  thereto,  and  instructed  the  chairman 
to  report  the  same  to  the  Convention,  and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

And  said  amendment  was  referred  to  the  Committee  on 
Revision  and  Engrossment. 

On  motion  of  Mr.  Bigelow,  at  4.45,  the  Convention  adjourned. 


502  JOURNAL  OF  THE 


Monday,  August  27,  1894. 

The  Convention  met  pursuant  to  adjournment. 

No  clergyman  present. 

On  motion  of  Mr.  Lincoln^  the  reading  of  the  Journal  of  Satur- 
day, August  twenty -fifth,  was  dispensed  with. 

The  last  Kecord  appearing  upon  the  files  of  the  members,  is  of 
date  of  Saturday,  August  IS,  1894. 

By  vote  of  the  Convention,  the  following  delegates  were 
excused  from  attendance  as  follows:  Mr.  Deyo,  for  Saturday 
last;  Messrs.  Ohnieis,  E.  A.  Brown,  O'Brien,  Alyord,  to-day;  Mr. 
Powell,  to-morrow;  Mr.  Lincoln,  Thursday,  until  Monday;  Mr. 
Turner,  Friday,  until  Tuesday;  Messrs.  Hill,  O.  A.  Fuller,  Ackerly, 
Saturday  and  Monday  next;  Mr.  Porter,  Friday  and  Saturday; 
Mr.  H.  A.  Clark,  Saturday  afternoon  and  Monday;  Mr.  C.  S. 
Truax,  this  week;  Mr.  Acker,  indefinitely,  on  account  of  sickness 
in  his  family;  Mr.  Truax,  this  week;  Mr.  E.  A.  Brown,,  to-day; 
Mr.  O'Brien,  to-day;  Mr.  Moore,  this  evening;  Mr.  Cornwell, 
Tuesday  and  Wednesday;  Mr.  Williams,  to-day;  Mr.  Mantanye, 
Wednesday  and  Thursday. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  Mr.  C.  H.  Truax,  from  said  committee,, 
reported  as  follows: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  317,  entitled 
"'  To  amend  article  2,  relative  to  suffrage,"  have  gone  through  with 
the  same,  have  made  some  amendments  thereto,  and  instructed 
the  chairman  to  report  the  same  to  the  Convention,  and  recom- 
mend its  passage: 

Mr.  Dean  moved  to  disagree  with  said  report,  and  that  the 
amendment  be  printed  and  recommitted  to  the  Committee  of  the 
Whole. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Dean^  and 
it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 

and  it  was  determined  in  the  affirmative,  and  said  amendment 

was  then  referred  to  the  Committee  on  Revision  and  Engrossment. 

Mr.   Davenport,  from  the   Committee   on   Cities,   presented   a 

minority  report  on  the  proposed  constitutional  amendment,  "To 


CONSTITUTIONAL  CONVENTION.  503 

provide  home  rule  for  cities,"  printed  No.  451,  introductory  No. 
309,  General  Order  No.  13,  which  was  ordered  printed. 

The  Convention  went  into  Committee  of  the  Whole,  and,  after 
some  time  spent  therein,  the  hour  of  one  o'clock  having  arrived, 
the  President  resumed  the  chair,,  and  the  Convention  took  a 
recess  until  three  o'clock. 


AFTERNOON  SESSION. 

Three  o'clock,  P.  M. 

The  Convention  again  met,  and  proceeded  into  Committee  of 
the  Whole,  and,  after  some  time  spent  therein,  the  hour  of  five 
o'clock  having  arrived,  the  President  resumed  the  chair,  and  the 
Convention  took  a  recess  until  eight  o'clock. 


EVENING  SESSION. 

Eight  o'clock,  P.  M. 

The  Convention  again  met,  and  proceeded  into  Committee  of 
the  Whole,  ano\,  after  some  time  spent  therein,  Mr.  L  S.  Johnson, 
from  said  committee,  reported  as  follows: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  451,  entitled 
"  To  provide  home  rule  for  cities,"  have  made  some  progress  in  the 
•aame,  but  not  having  gone  through  therewith,  have  instructed 
tie  chairman  to  report  that  fact  to  the  Convention,  and  asked 
leave  to  sit  again. 

M?.  President  put  the  question  on  granting  leave  to  sit  again, 
and  it  was  determined  in  the  affirmative. 

'The  Convention  again  proceeded  into  Committee  of  the  Whole, 
and,  aftei  some  time  spent  therein,  Mr.  I.  S.  Johnson,  from  said 
committee,  reported  as  follows: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  451,  entitled 
"To  provide  ipme  rule  for  cities,"  reported  progress  in  same, 
and  asked  leaveto  sit  again. 

Mr.  President  \™t  the  question  on  granting  leave,  and  it  was 
determined  in  the\affirmative. 

Mr.  Becker,  als-yfrom  the  Committee  on  Legislative  Organiza- 
tion, to  which  was  referred  the  proposed  constitutional  amend- 


504  JOURNAL  OF  THE 

ment,  introduced  by  Mr.  E.  E.  Brown,  introductory  No.  376, 
entitled  "  Proposed  constitutional  amerfdment  to  amend  article 
three  (3),  relating  to  apportionments  of  Senate  and  Assembly 
districts,"  reports  in  favor  of  the  passage  of  the  same  with  some 
amendments,  which  report  was  agreed  to  and  said  proposed 
constitutional  amendment  committed  to  the  Committee  of  the 
Whole, 

Mr.  Becker,  from  the  Committee  on  Legislative  Organization, 
to  which  was  referred  the  proposed  constitutional  amendment, 
introduced  by  Mr.  E.  R.  Brown,  introductory  No.  376,  reported 
in  writing. 

Messrs.  Giegerich,  Bush  and  Osborn  dissenting. 

Mr.  Durfee  moved  that  the  report  of  said  committee  and  the 
said  proposed  constitutional  amendment  be  printed  and  placed 
on  the  files  of  the  members: 

Debate  being  had  thereon,  Mr.  Root  moved  the  previous 
question^ 

Pending  the  question,  the  hour  of  ten  o'clock  having  arrived, 
the  Convention  adjourned. 


Tuesday,   August  28,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  John  Mclsaac. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Mon- 
day, August  twenty-seventh,  was  dispensed  with. 

Mr.  President  stated  the  pending  question,  at  the  hovr  of 
adjournment  last  evening,  to  be  upon  the  motion  of  Mr.  Purfee 
to  print  the  proposed  constitutional  amendment  "  Tr  amend 
article  3,  relating  to  the  apportionment  of  the  Senate  a>d  Assem- 
bly districts,,"  introduced  by  Mr.  E.  R.  Brown,  introflietory  No. 
376,  made  by  the  Committee  on  Legislative  Organization,  and  the 
written  report  of  said  committee  accompanying  tte  same,  upon 
which  Mr.  Root  moved  the  previous  question. 

Mr.  Bowers  called  for  the  reading  of  the  amendment  as 
reported. 

Mr.  Holcomb  moved  that  the  reading  of  the  Amendment  be  sus- 
pended until  he  had  an  opportunity  to  ask  tfie  chairman  of  the 
committee  some  questions. 


CONSTITUTIONAL  CONVENTION.  505 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Holcomb, 
and  it  was  determined  in  the  negative,  and  the  reading  of  the 
amendment  was  proceeded  with. 

Mr.  McMillan  moved  that  the  further  reading  of  the  amend- 
ment be  dispensed  with,  and  on  that  motion  moved  the  previous 
question. 

Mr.  Bowers  raised  the  point  of  order  that  the  reading  of  the 
amendnient  could  not  be  interrupted  by  any  motion. 

Mr.  President  decided  the  point  of  order  well  taken. 

Mr.  McMillan  appealed  from  the  decision  of  the  Chair. 

Mr.  Holcomb  moved  to  lay  the  appeal  on  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

The  reading  was  then  proceeded  with  until  finished. 

Mr.  President  then  put  the  question  on  the  motion  of  Mr.  Eoot 
for  the  previous  question,  and  it  wTas  determined  in  the 
affirmative. 

Mr.  President  then  put  the  question  on  the  motion  of  Mr.  Dur- 
fee,  and  it  was  determined  in  the  affirmative. 

Mr.  Becker  moved  that  said  amendment  be  made  a  Special 
Order  for  next  Tuesday  morning. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative,  two-thirds  of  all  the  members 
elected  voting  in  favor  thereof. 

Mr.  Becker,  from  the  Committee  on  Legislative  Organization, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Hill,  introductory  No.  131,  entitled  "  Proposed 
constitutional  amendment  to  amend  section  8  of  article  3  of  the 
Constitution,  relating  to  the  eligibility  of  persons  to  a  seat  in  the 
legislature,"  reported  in  favor  of  the  passage  of  a  substitute  there- 
fH',  which  report  was  agreed  to,,  and  said  substitute  committed 
tc  the  Committee  of  the  Whole. 

Mr.  Becker,  from  the  Committee  on  Legislative  Organization, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Marks,  introductory  No.  16,  entitled  "  Proposed 
constitutional  amendment  to  amend  section  6  of  article  3  as  to 
pay  Vf  members  of  the  Legislature,"  reported  in  favor  of  the  pas- 
sage of  a  substitute  therefor,  wrhich  report  was  agreed  to,  and 
said  Substitute  committed  to  the  Committee  of  the  Whole. 


506  JOURNAL  OF  THE 

Mr.  Morton  dissented  from  said  report. 

Mr.  President  presented  a  communication  from  the  Comptroller 
in  response  to  the  resolution  of  the  Convention  of  June  twenty- 
first,  showing  the  property  in  the  State  exempt  from  taxation. 

Referred  to  the  Committee  on  State  Finances  and  Taxation. 

On  motion  of  Mr.  Kellogg  the  same  was  ordered  printed  for  the 
use  of  the  Convention. 

On  motion  of  Mr.  Holcomb  the  privileges  of  the  floor  were 
extended  to  the  Hon.  John  Connolly,  of  New  York  city,  formerly 
Member  of  Assembly. 

The  last  Record  appearing  upon  the  files  of  members  to-day, 
is  of  date  August  twentieth. 

By  vote  of  the  Convention,  the  following  members  were 
excused  from  attendance,  as  follows:  Mr.  Hotchkiss  until  the 
thirty-first;  Mr.  Dickey  for  the  thirty-first  P.  M.  and  September 
first;  Mr.  Durfee  for  the  twenty-ninth  P.  M.  and  the  thirtieth;  Mr. 
Alvord  for  to-day;  Mr.  T.  A.  Sullivan  for  August  thirty-first  and 
September  first;  Mr.  Crosby  for  August  twenty-ninth  and  thir- 
tieth; Mr.  M.  E.  Lewis  for  September  first;  Mr.  Jenks  for  Septem- 
ber first;  Mr.  Coleman  for  September  first,  third  and  fourth;  Mr. 
Gilbert  for  September  first  and  third;  Mr.  Griegerich  for  September 
first  and  third;  Mr.  Mulqueen  for  September  first  and  third;  Mr. 
Jacobs  for  September  third  and  fourth;  Mr.  Storm  for  August 
thirty-first  and  September  first;  Mr.  Cochran  for  September  first; 
Mr.  Woodward  for  September  first  and  third;  Mr.  Maybee  for 
September  first  P.  M.  and  third  A.  M. ;  Mr.  Deady  for  September 
first  and  third  P.  M.;  Mr.  J.  W.  McLaughlin  for  August  twenty- 
eighth. 

The  Convention  went  into  Committee  of  the  Whole,  and,  afte'r 
some  time  spent  therein,,  the  hour  of  one  o'clock  having  arrived 
the  President  resumed  the  chair,  and  the  Convention  took  a  recess 
until  three  o'clock.1 


AFTERNOON  SESSION. 

Three  o'clock,  P.  5. 

The  Convention  again  met,  and  proceeded  in  Committee  o:  the 
Whole,  and,  after  some  time  spent  therein,  the  President  resimed 
the  chair,  and  the  Convention  took  a  recess  until  eight  o'clock. 


CONSTITUTIONAL  CONVENTION.  507 

<      EVENING  SESSION.  i 

Eight  o'clock,  P.  M. 
The  Convention  again  met. 

Mr.  W.  H.  Steele,  Second  Vice-President^  in  the  chair. 

Mr.  J.  C.  Davies  raised  the  question  that  no  quorum  was 
present. 

The  President  directed  the  Secretary  to  call  the  roll  to  ascer- 
tiiin  if  a  quorum  was  present,  when  the  following  Delegates 
answered  to  the  call  of  their  names: 

Messrs.  Ackerly,  Arnold,  Baker,  Banks,  Blake,  Brown,  E.  R.; 
Bush,  Cady,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Oochran,  Cole- 
inan  Cookinhaxn,  Countryman,  Danl'onth,  Deady,  Dean,  Deterling, 
Dickey,  Doty,  Durfee,  Emmet,  Faber,  Farrell,  Floyd,  Frank, 
Augustus;  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Giege- 
rich,  Gilbert,  Goodelie,  Green,  A.  H.;  Green,  J.  I.;  Hamlin,  Haw- 
ley,  Hecker,  Hedges,  Hirschberg,  M.  H. ;  Hottenroth,  Jacobs,  Jenks, 
Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kellogg,  Kimmey, 
Kinkel,  Lester,  Lewis,  M.  E.;  Lincoln,  Lyon,  Manley,  Mantanye, 
Marks,  Marshall,  Maybee,  McArthur,  McDonough,  Mclnityre, 
McKinstry,  McLaughlin,  J.  W.;  Mereness,  Meyenborg,  Moore,  Mor- 
ton, Mulqueen,  Nichols,  W.  H. ;  Nostrand,  O'Brien,  Osborn,  Parker, 
Parmenter,  Pashley,  Peck,  Phipps,  Platzek,  Pool,  Pratt,  Eedman, 
\  Koche,  Sandford,  Smith,  Springweiler,  Steele,  W.  H.;  Storm, 
\  Sullivan,  T.  A.;  Sullivan,  W.;  Tekulsky,  Titus,  Tucker,  Veeder, 
\  Wellington,  Whitmyer,  Woodward,  President. 

Mr.  M.  E.  Lewis  moved  that  when  the  Convention  adjourns  on 
Saturday,  it  be  to  meet  on  Tuesday  morning  at  ten  o'clock,  and 
on  that  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  M.  E. 
Levis,  for  adjournment,  and  it  was  determined  in  the  negative. 

A^es  —  Messrs.  Becker,  Blake,  Bowers,  Carter,  Clark, 
H.  A..;  Cochran,  Coleman,  Giegerich,  Herzberg,  A.;  Holcomb, 
Hottmroth,  Jenks,  Lewis,  M.  E.;  Marks,  McDonough,  Mulqueen, 
ParmVnter,  Peabody,  Redman,  Springweiler,  Titus,  Tucker,  Tur- 
ner, A^eeder  —  24. 


508  JOURNAL  OF  THE 

Noes  —  Messrs.  Allaben,  Arnold,  Baker,  Banks,  BarMte,  Brown, 
E.  B.;  Cady,  Chipp,  Jr.;  Church,  Cookinham,  Countryman,  Dan- 
forth,  Davenport,  Davies,  J.  C.;  Dean,  Dickey,  Doty,  Durfee, 
Emmet,  Faber,  Floyd,  Foote,  Forbes,  Francis,  Frank,  Augustus; 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Goeller,  Goodelle, 
G-reen,  A.  H. ;  Green,  J.  I. ;  Hamlin,  Hawley,  Hedges,  Holls,  Jacobs, 
Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kellogg,  Kimmey, 
Kinkel,  Lester,  Lewis,  C.  H.;  Lincoln,  Lyon,  Mauley,  Mantanye, 
Marshall,  Maybee,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.; 
McMillan,  Mereness,  Moore,  Morton,  Nichols,  W.  H.;  O'Brien, 
Osborn,  Parker,  Parkhurst,  Peck,  Phipps,  Platzek,  Pratt,  Roche, 
Root,  Sandford,  Sdhumaker,  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.; 
Tekulsky,  Vogt,  Wellington,  Whitmyer,  Woodward,  Presi- 
dent—81. 

When  the  name  of  Mr.  Gilbert  was  called  he  asked  to  be  and 
was  excused  from  voting. 

The  Convention  then  went  into  'Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  ten  o'clock  having 
arrived,  the  President  resumed  the  chair,  and  the  Convention 
adjourned. 


Wednesday,   August  29,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  J.  H.  Messenger. 

On  motion  of  Mr.  A.  H.  Green,  the  reading  of  the  Journal  of 
Tuesday,  August  twenty-eighth,  was  dispensed  with. 

The  -last  Record  appearing  on  the  files  of  members  to-day  is  o^ 
date  August  twentieth. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows  :  Mr.  Tibbetts  for  August  thirty-first  aid 
September  first;  Mr.  Redman  for  September  third  and  fourth; 
Mr.  Herzberg  for  August  thirty-first  and  September  first ;  Mr.  Srhu- 
maker  until  September  third  ;  Mr.  Springweiler  for  August  thrty- 
first  and  September  first  and  third  ;  Mr.  Alvord  for  August  tw3nty- 
ninth  ;  Mr.  Arnold  for  September  first ;  Mr.  Blake  for  September 
third ;  Mr.  Cornwell  until  September  third ;  Mr.  Turner  for 
August  twenty-ninth  and  thirtieth  ;  Mr.  Hamlin  for  September 
third ;  Mr.  Abbott  for  September  first  and  third  ;  Mr.  Andrew 


CONSTITUTIONAL  CONVENTION.  509 

Frank  until  August  thirtieth,  afternoon ;  Mr.  Banks  for  September 
first ;  Mr.  Yeeder  for  September  first,  afternoon  ;  Mr.  "W.  Sullivan 
for  September  third  ;  Mr.  Hirschberg  .for  next  week  ;  Mr.  Hecker, 
indefinitely  ;  Mr.  H.  A.  Clark  for  remainder  of  this  week. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment,  to 
which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  Tucker,  introductory  No.  191,  reported  by  the  Com- 
mittee on  Preamble  and  by  the  Committee  of  the  Whole,  entitled 
a  Proposed  constitutional  amendment  to  amend  article  1  of  the 
Constitution,  as  to  damages  for  the  loss  of  human  life,"  reports  the 
same  as  examined  and  corrected  and  as  correctly  engrossed,  and  said 
amendment  was  ordered  printed  and  to  a  third  reading. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment,  to 
which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  Yedder,  introductory  No.  216,  reported  by  the  Com- 
mittee on  Powers  and  Duties  of  the  Legislature  and  by  the  Com. 
mittee  of  the  Whole,  entitled  "Proposed  constitutional  amend- 
ment to  amend  section  10  of  article  3  of  the  Constitution,"  reports 
the  same  as  examined  and  corrected  and  as  correctly  engrossed,  and 
said  amendment  was  ordered  printed  and  to  a  third  reading. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  O'Brien,  introductory  No.  119,  reported  by  the  Com- 
mittee on  Suffrage  and  by  the  Committee  of  the  Whole,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  3  of  article 
2  of  the  Constitution  as  to  the  suffrage,"  reports  the  same  as  exam- 
ined and  corrected  and  as  correctly  engrossed,  and  said  amendment 
was  ordered  printed  and  to  a  third  reading. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  Alvord,  introductory  No.  9,  reported  by  the  Com- 
mittee on  Salt  Springs  and  by  the  Committee  of  the  Whole,  enti- 
tled "  Proposed  constitutional  amendment  to  amend  section  7  of 
article  7  of  the  Constitution,  entitled  <  Salt  Springs,' "  reports  the 
same  as  examined  and  corrected  and  as  correctly  engrossed,  and  said 
amendment  was  ordered  printed  and  to  a  third  reading. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment, 


510  JOURNAL  OF  THE 

introduced  by  Mr.  Hill,  introductory  No.  183,  reported  by  the 
Committee  on  Suffrage  and  by  the  Committee  of  the  Whole, 
entitled  "  Proposed  constitutional  amendment  to  amend  section  5 
of  article  2  of  the  Constitution, -relating  to  the  manner  of  elections," 
reports  the  same  as  examined  and  corrected  and  as  correctly 
engrossed,  and  said  amendment  was  ordered  printed  and  to  a  third 
reading. 

Mr.  Foote,  from  the.  Committee  on  Revision  and  Engrossment,  to 
which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  Doty,  introductory  No.  8t>,  reported  by  the  Com- 
mittee on  Judiciary  and  by  the  Committee  of  the  Whole,  entitled 
"Proposed  constitutional  amendment,  to  amend  section  17  of 
article  1  of  the  Constitution,  relating  to  the  appointment  of  com- 
missioners of  codification,"  reports  the  same  as  examined  and  cor- 
rected and  as  correctly  engrossed,  and  said  amendment  was  ordered 
printed  and  to  a  third  reading. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment,  to 
which  was  referred  the  proposed  constitutional  amendment  intro- 
duced by  Mr.  McMillan,  introductory  N"o.  11,  reported  by  the  Com- 
mittee on  Legislative  Powers  and  Duties  and  by  the  Committee  of 
the  Whole,  entitled  "  Proposed  constitutional  amendment  to  amend 
article  3  of  the  Constitution,  relating  to  legislation,"  reports  the 
same  as  examined  and  corrected  and  as  correctly  engrossed,  and  said 
amendment  was  ordered  printed  and  to  a  third  reading. 

Mr.  Springweiler  moved  that  General  Order  69,  printed  No.  448, 
introductory  No.  130-520,  entitled  "Proposed  constitutional 
amendment  relative  to  the  liability  of  employers  for  injuries  to 
employes/'  be  made  ia  special  order  for  Thursday  morning. 

Mr.  President  put  the  question  on  said  'motion,  and  it  was 
determined  in  the  negative,  two-thirds  of  all  the  members  elected 
mot  voting  in  favor  thereof. 

Ayes  —  Messrs.  Ackerly,  Baker,  Banks,  Becker,  Blake,  Bowers, 
Campbell,  Carter,  Chipp,  Jr.;  Clark,  H.  A.;  Cochran,  Coleman, 
Danforth,  Davenport,  Deady,  Deterring,  Deyo,  Dickey,  Durfee, 
Durnin,  Faber,  Forbes,  Francis,  Fuller,  C.  A.;  Gibney,  Giegerich, 
Gilbert,  Green,  A.  H.;  Hecker,  Hedges,  Herzberg,  A.;  Hill,  Hotten- 
roth,  Jacobs,  Jenks,  Johnson,  I.  Sam;  Kellogg,  Kimmey,  Lewis, 
M.  E.;  Marks,  Maybee,  McLaughlin,  J.  W.;  Moore,  Mul queen, 


CONSTITUTIONAL  CONVENTION.  511 

Nostrand,  Ohmeis,  Osborn,  Parker,  Parmenter,  Peabody,  Platzek, 
Porter,  Powell,  Putnam,  Redman,  Roche,  Rogers,  Sandford,  Smith, 
Springweiler,  Steele,  W.  H.;  Sullivan,  T.  A.;  Sullivan,  W.;  Tib- 
betts,  Titus,  Tucker,  Veeder,  Whitmyer,  Woodward  —  69. 

Noes  —  Messrs.  Abbott,  Allaben,  Arnold,  Barrow,  Bigelow, 
Cady,  Cassidy,  Church,  Clark,  G.  TV.;  Cookinham,  Davies,  J.  C.; 
Dean,  Doty,  Emmet,  Floyd,  Foote,  Fuller,  O.  A.;  Galinger, 
Goodelle,  Hamlin,  Hawley,  Hirs>chberg,  M.  H.;  Holls,  Kinkel,  Les- 
ter, Lewis,  C.  H.;  Lyon,  Manley,  Marshall,  Mclntyre,  McKinstry, 
McMillan,  Mereness,  Morton,  Nichols,  W.  H.;  O'Brien;  Parkhurst, 
Pashley,  Peck,  Pratt,  Root,  Spencer,  Steele,  A.  B.;  Storm,  Vedder, 
Vogt,  Wellington,  President  —  48. 

Mr.  Cochran  moved  that  the  Committee  on  Judiciary  be 
instructed  to  report  forthwith  on  the  matter  contained  in  the  reso- 
lution offered  by  Mr.  Bigelow,  July  tenth,  relating  to  "the  latest 
day  to  which  the  deliberations  of  this  Convention  can  be  prolonged 
consistently  with  the  submission  of  its  results  to  the  people  at  the 
next  general  election,  as  required  by  law. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  Bowers  moved  that  the  Committee  on  Governor  and  State 
Officers  be  required  to  report  forthwith. 

Mr.  McMillan  moved  to  lay  said  motion  on  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McMillan 
and  it  was  determined  in  the  affirmative. 

Mr.  Roche  moved  that  General  Order  53,  printed  No.  430,  intro- 
ductory No.  386,  entitled  "  To  amend  article  7,  section  3,  relative 
to  the  canals,"  and  also  General  Order  54,  printed  No.  431,  intro- 
ductory No.  337,  entitled  u  To  amend  article  7,  section  6,  relative  to 
the  canals,"  be  made  a  special  order  immediately  after  General 
Order  74,  printed  No.  454,  introductory  No.  377,  entitled  "  To 
amend  article  3,  relating  to  the  apportionment  of  senate  and  assem- 
bly districts  "  is  disposed  of. 

Mr.  Kellogg  moved  to  lay  said  motion  on  the  table. 
Mr.  President  put  the  question  on  the  motion  of  Mr.  Kellogg, 
and  it  was  determined  in  the  affirmative  : 

Ayes  —  Messrs.  Abbott,  Ackerly,  Allaben,  Arnold,  Barhite, 
Barnum,  Becker,  Bigelow,  Brown,  E.  A.;  Cady,  Carter,  Cassidy, 


512  JOURNAL  OF  THE 

Church,  Clark,  G.  W.;  Clark,  H.  A.;  Cookinham,  Davies,  J.  0.; 
Dean,  Deterling,  Dickey,  Doty,  Durfee,  Faber,  Frank,  Augustus, 
Fraser,  Galinger,  Gilbert,  G-oodelle,  Hamlin,  Hawley,  Hecker, 
Hadges,  Holls,  Jacobs,  Johnson,  I.  Sam;  Johnson,  J.;  Johnston, 
R,  M.;  Kellogg,  Kinkel,  Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.; 
Lincoln,.  Lyon,  Mauley,  Marshall,  Maybee,  Mclntyre,  McKinstry, 
McLaughlin,  C.  B.;  McMillan,  Mereness,  Morton,  Nichols,  W.  H.; 
No>strand,  O'Brien,  Parker,  Parkhurst,  Pashley,  Powell,  Putnam, 
Redman,  Root,  Spencer,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sulli- 
van, T.  A.;  Tibbetts,  Vedder,  Vogt,  Wellington,  Wiggins,  Wood- 
ward, President  —  76. 

Noes  —  Messrs.  Baker,  Banks,  Barrow,  Blake,  Bowers,  Bush, 
Campbell,  Chipp,  Jr.,  Cochran,  Coleman,  Countryman,  Danforth, 
Davenport,  Deady,  Deyo,  Emmet,  Farrell,  Fitzgerald,  Floyd, 
Forbes,  Francis,  Fuller,  C.  A.;  Gibney,  Giegerich,  Green,  A.  H.; 
GriswQld,  Herzberg,  A.;  Hill,  Hirschberg,  M.  H.;  Holcomb,  Hotten- 
roth,  Jenks,  Kerwin,  Kimmey,  Marks,  McDonough,  McLaughlin, 
J.  W. ;  Meyenborg,  Mulqueen,  Nicoll,  De  L. ;  Ohmeis,  Osborn,  Par- 
meniter,  Peabody,  Peck,  Platzek,  Roche,  Rogers,  Sandford,  Smith, 
Speer  Springweiler,  Sullivan,  W.;  Titus,  Towns,  Tniax,  C.  H.; 
Tucker,  Veeder,  Whitnayer  —  59. 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  the  President  resumed  the  chair  and  the  Convention  took  a 
recess  until  three  o'clock. 


AFTERNOON  SESSION. 

Three  o'clock  P.  M. 
The  Convention  again  met. 

Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

The  Convention  pro-ceeded  in  Committee  of  the  Whole,  and, 
after  some  time  .spent  therein,  the  hour  of  five  o'clock  having 
arrived,  Mr.  President  resumed  the  chair,  and  the  Convention 
took  a  recess  until  eight  o'clock. 


CONSTITUTIONAL  CONVENTION.  513 

EVENING  SESSION. 

Eight  o'clock  P.  M. 

The  Convention  again  met. 

Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

By  unanimous  consent,  Mr.  Becker  offered  a  resolution  in  words 
following: 

Resolved,  That  the  State  Engineer  and  Surveyor  be  requested 
to  furnish  the  Convention  with  maps  of  the  Senate  districts  in 
New  York  county  and  Kings  and  the  remainder  of  the  'State, 
showing  the  total  citizens  population  in  each  district  and  the 
total  alien  population  in  the  same,  and  that  the  expense  thereof 
be  paid  upon  the  audit  of  the  Committee  on  Contingent  Expenses. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

By  unanimous  consent,  Mr.  Becker  offered  a  resolution  in  words 
following : 

Resolved,  That  the  number  of  copies  of  the  amendment  to 
article  3,  relating  to  the  apportionment  of  Senate  and  Assembly 
districts,  reported  on  Monday  last  by  the  Committee  on  Legislative 
Organization,  be  increased  to  four  thousand  (4,000),  and  that  a 
like  number  of  the  tabular  statements  attached  to  the  report  of 
said  committee  be  printed  and  bound  with  said  amendment,  and 
distributed  under  the  direction  of  the  Secretary  of  the  Convention. 

Mr.  President  put  the  question  on  said  resolution,  and  it  wa« 
determined  in  the  affirmative. 

Mr.  Veeder  moved  that:  General  Order  48,  printed  No.  425,  intro- 
ductory No.  384,  proposed  constitutional  amendment  "  To  amend 
article  1,  section  10,  in  relation  to  the  suppression  of  gambling," 
b<>  made  a  special  order  immediately  after  General  Order  74, 
printed  No.  454,  introductory  No.  376,  "  To  amend  article  3,  relat- 
ing to  the  apportionment  of  Senate  and  Assembly  districts." 

Mr.  Mereness  moved  to  lay  that  motion  upon  the  table. 

Mr.  President  put!  the  question  on  the  motion  to  lay  on  the  table, 
and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Allaben,  Arnold,  Becker,  Bigelow, 
Brown,  E.  A.;  Cady,  Carter,  Cassidy,  Church,  Coleman,  Cookin- 
ham,  Davies,  J.  C.;  Davis,  G.  A.;  Dean,  Doty,  Emmet,  Fitzgerald, 
33 


514  JOURNAL  OF  THE 

Floyd,  Foote,  Fuller,  O.  A.;  Griegerich,  Goodelle,  Hamlin,  Hedges, 
Hill,  Holls,  Johnson,  I.  Sam;  Johnston,  R.  M.;  Kellogg,  Kinkel, 
Kurth  Lauterbach,  Lewis,  C.  H.;  Lincoln,  Mauley,  Marshall,  May- 
bee,  McDonough,  Mclntyre,  McKinstry,  McLaughlin,  G.  B.; 
McMillan,  Mereness,  Meyenborg,  Moore,  Morton,  Mulqueen, 
Nichols,  W.  H.;  Nostrand,  O'Brien,  Osborn,  Parker,  Parkhurst, 
Pashley,  Platzek,  Porter,  Powell,  Pratt,  Putnam,  Redman,  Root, 
Steele,  A.  B.;  Sullivan,  T.  A.;  Vedder,  Vogt,  Wellington,  Whit- 
myer,  Wiggins,  President  —  70. 

Noes  —  Ackerly,  Baker,  Banks,  Barrow,  Blake,  Bush,  Campbell, 
Clark,  H.  A.;  Cochran,  Countryman,  Deady,  Deyo,  Dickey,  Durnin, 
Farrell,  Forbes,  Francis,  Frank,  Augustus,  Fuller,  C.  A.;  Gibney, 
Gilleran,  Green,  A.  H.;  Herzberg,  A.;  Hottenroth,  Jacobs,  Jenks, 
Johnson,  J.;  Kerwin,  Marks,  Me  Arthur,  McCurdy,  McLaughlin, 
J.  W.;  Nicoll,  De  L.;  Parmenter,  Peabody,  Peck,  Rogers,  Sand- 
ford,  Springweiler,  Steele,  W.  H.;  Storm,  Sullivan,  W.;  Tibbetts, 
Truax,  C.  H.;  Tucker,  Veeder,  Williams,  Woodward  —  48. 

When  the  name  of  Mr.  Bowers  was  called,  he  asked  to  be  and 
was  excused  from  voting. 

Mr.  Barrow  moved  that  the  adverse  report  of  the  Committee  on 
Legislative  Powers,  on  the  proposed  constitutional  amendment 
relating  to  two-thirds  bills,  introduced  by  Mr.  Barrow,  introduc- 
tory No.  81,  which  was  made  a  special  order  for  this  evening,  be 
made  a  special  order  immediately  following  the  special  order 
now  under  consideration. 

The  President  ruled  the  motion  out  of  order  for  the  reason  that 
there  was  already  a  special  order  (G.  O.  No.  61)  set  down  for  that 
particular  time. 

Mr.  Barrow  appealed  from  the  decision  of  the  Chair. 

Mr.  President  put  the  question  "  Shall  the  decision  of  the  Chair 
stand  as  the  judgment  of  the  Convention  ?  "  and  it  was  determined 
in  the  affirmative. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  ten  o'clock  having 
arrived,  the  President  resumed  the  chair  and  the  Convention 
adjourned. 


CONSTITUTIONAL  CONVENTION.  515 

Thursday,  August  30,  1894. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  S.  P.  Morrow. 

On  motion  of  Mr.  Rogers,  the  reading  of  the  Journal  of  Wed- 
nesday, August  twenty-ninth,  was  dispensed  with. 

The  last  date  of  Record  on  the  files  of  the  Delegates  this  day, 
is  August  twenty-first. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows:  Mr.  Francis,  August  thirtieth  to 
September  fourth;  Mr.  Smith,  September  first  and  third;  Mr. 
Roche,  September  first  and  third;  Mr.  Towns,  September  third; 
Mr.  Deyo,  September  third;  Mr.  Bigelow,  August  thirty -first  and 
September  first;  Mr.  McClure,  indefinitely. 

The  President  made  a  report  from  the  Committee  on  Rules,  to 
the  effect  that  the  vote  be  taken  on  the  cities  article  (printed 
No.  451,  a.  O.  13)  at  12.45  P.  M.  to-day,  and  that  debate  on  the 
pending  amendment  shall  not  exceed  forty  minutes;  that  the 
residue  of  the  time  on  the  minority  report  offered  as  a  substitute 
by  Mr.  Davenport,  be  equally  divided  between  the  supporters  of 
the  substitute  and  the  supporters  of  the  committee's  report. 

Debate  being  had  thereon,  Mr.  Root  moved  that  the  subject  be 
recommitted  to  the  committee. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  I.  S.  Johnson,  from  said  com- 
mittee, reported: 

The  Committee  of  the  Whole,  having  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  451,  entitled 
"Proposed  constitutional  amendment  to  provide  home  rule  for 
cities,"  reported  progress  in  same,  and  asked  leave  to  sit  again'. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Root,  from  the  Committee  on  Rules,  under  the  orders  of 
the  resolution  offered  by  Mr.  Cookinham,  August  eighteenth,  as 
follows:  "Resolved,  That  the  Committee  on  Rules  be  directed 


51 G  JOURNAL  OF  THE 

to  report  a  rule  allotting  time  for  debate  on  each  of  the  proposed 
constitutional  amendments,"  reported  in  words  following: 

In  the  further  discussion  of  General  Order  No.  13,  printed  No. 
451,  introductory  No.  369,  entitled  "Proposed  constitutional 
amendment  to  provide  home  rule  for  cities,"  in  Committee  of  the 
Whole,  the  following  order  shall  be  observed: 

Thirty  minutes  shall  be  allowed  for  the  consideration  of 
amendments,  and  debate  be  limited  to  five  minute  speeches. 

Thirty  minutes  shall  be  allowed  for  the  consideration  of  sub- 
stitutes, other  than  the  minority  report,  and  debate  to  be  limited 
to  five  minute  speeches. 

One  hour  and  thirty  minutes  shall  be  allowed  for  the  substi- 
tute proposed  by  the  minority,  and  debate  limited  to  twenty 
minute  speeches. 

On  the  adoption  of  the  report,  Mr.  Root  moved  the  previous 
question. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Ackerly,  Allaben,  Arnold,  Baker,  Barhite,  Bar- 
num,  Barrow,  Becker,  Bigelow,  Bowers,  Brown,  E.  A. ;  Burr,  Bush, 
Cady,  Carter,  Cassidy,  Church,  Clark,  G.  W.;  Coleman,  Cookiii- 
ham,  Countryman,  Crosby,  Danforth,  Davies,  J.  C.;  Davis,  G.  A.; 
Deady,  Dean,  Dickey,  Doty,  Durnin,  Emmet,  Floyd,  Foote,  Forbes, 
Frank,  Augustus;  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney, 
Giegerich,  Gilbert,  Goeller,  Goodelle,  Hecker,  Hedges,  Herzberg, 
A. ;  Hill,  Hirschberg,  M.  H. ;  Holls,  Jacobs,  Jenks,  Johnson,  I.  Sam ; 
Johnson,  J.;  Johnston,  R.  M.;  Kellogg,  Kerwin,  Kimmey,  Kinkel, 
Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lyon,  Man- 
ley,  Marshall,  Maybee,  McArthurv  McCurdy,  McDonough,  Mclntyre, 
McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mereness,  Moore,  Mor- 
ton, Mulqueen,  Nichols,  W.  H. ;  Nicoll,  De  L. ;  Nostrand,  O'Brien, 
Ohmeis,  Osborn,  Parker,  Parkhurst,  Peck,  Phipps,  Platzek,  Pool, 
Porter,  Powell,  Pratt,  Putnam,  Redman,  Roche,  Root,  Sandford, 
Spencer,  Spririgweiler,  Steele,  A.  B. ;  Steele,  W.  H. ;  Storm,  Sulli- 
van, T.  A.;  Tekulsky,  Tibbetts,  Truax,  C.  H.;  Vedder,  Vogt, 
Wellington,  Whitmyer,  Wiggins,  Woodward,  President  —  114. 

Noes  —  Messrs.  Banks,  Blake,  Campbell,  Cochran,  Davenport, 
Deyo,  Gilleran,  Green,  A.  H.;  Green,  J.  I.;  Holcomb,  Hottenroth, 
Marks,  McLaughlin,  J.  W.;  Meyenborg,  'Parmenter,  Peabody, 
Rogers,  Smith,  Speer,  Tucker,  Veeder  —  21. 


CONSTITUTIONAL  CONVENTION.  517 

Mr.  President  put  the  question  on  the  adoption  of  the  report,  and 
it  was  determined  in  the  affirmative. 

Mr.  C.  B.  McLaughlin  offered  a  resolution  in  words  following  : 

.Resolved,  That  the  Committee  on  Rules  be  instructed  to  report  a' 
rule  changing  or  modifying  Rule  57  so  that  the  yeas  and  nays  can- 
not   be  taken  on  a  question   or  proposition  unless  required    by 
twenty-five  members. 

Referred  to  the  Committee  on  Rules. 

Mr.  Vedder  moved  that  the  Committee  on  Rules  be  discharged 
from  the  further  consideration  of  the  resolution  offered  by  Mr.  C. 
B.  McLaughlin,  relating  to  the  modification  of  Rule  57,  and  that  it 
be  considered  forthwith,  and  on  that  motion  moved  the  previous 
question. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Ackerly,  Allaben,  Arnold,  Baker,  Bar- 
hite,  Barn  urn,  Barrow,  Becker,  Brown,  E.  A. ;  Brown,  E.  R. ;  Cady, 
Oassidy,  Ohurch,  Clark,  G.  W.;  Cookinham,  Countryman,  Crosby, 
Davies,  J.  C.;  Dean,  Dickey,  Doty,  Floyd,  Foote,  Frank,  Augustus; 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Gilbert,  Goodelle, 
Hamlin,  Hawley,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Jacobs, 
Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kellogg,  Kinkel, 
Kurth,  Lauterbach,  Lester,  Lewis,  C.  H. ;  Lewis,  M.  E. ;  Lyon,  Man- 
ley,  Marshall,  McArthur,  McDonough,  Mclntyre,  McKinsitry, 
McLaughlin,  C.  B.;  McMillan,  Moore,  Morton,  Nichols,  W.  H.; 
Nostrand,  O'Brien,  Parker,  Parkhurst,  Phipps,  Pool,-  Porter, 
Powell,  Pratt,  Putnam,  Redman,  Root,  Spencer,  Springweiler, 
Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts,  Ved- 
der, Vogt,  Wellington,  Whitmyer,  Wiggins,  Woodward,  Presi- 
dent—86. 

Noes  —  Messrs.  Banks,  Bigelow,  Blake,  Bowers,  Burr,  Bush, 
Carter,  Cochran,  Coleman,  Danforth,  Davenport,  Deady,  Deyo, 
Durnin,  Emmet,  Giegerich,  Gilleran,  Goeller,  Green,  A.  H.;  Green, 
J.  I.;  Herzberg,  A.;  Hoi  comb,  Hottenroth,  Jenks,  Kerwin,  Kim- 
mey,  Marks,  Maybee,  McLaughlin,  J.  W.;  Meyenbo-rg,  Mul queen, 
Nicoll,  De  L. ;  Ohmeis,  Osborn,  Parmenter,  Peabody,  Peck,  Platzek, 
Roche,  Rogers,  Sandford,  Smith,  Speer,  Sullivan,  W.;  Tekulsky, 
Towns,  Truax,  C.  H.;  Tucker,  Veeder,  Williams  —  50. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder, 
and  it  was  determined  in  the  affirmative. 


518  JOURNAL  OF  THE 

Ayes  —  Messrs.  Acker  ly,  Allaben,  Arnold,  Barhite,  Barrow, 
Becker,  Bigelow,  Brown,  E.  A.;  Oady,  Cassidy,  Church,  Clark, 
G.  W.;  Cookinham,  Countryman,  Crosby,  Davies,  J.  C.;  Davis, 
G.  A.;  Dean,  Dickey,  Doty,  Floyd,  Frank,  Augustus;  Fraser, 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Gilbert,  Goodelle, 
Hamlin,  Hawley,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Jacobs, 
Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kellogg,  Kinkel, 
Kurth,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lyon,  Mauley,  Marshall, 
McArthur,  McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B. ; 
McMillan,  Mereness,  Moore,  Morton,  Nichols,  W.  H.;  Nostrand, 
O'Brien,  Parker,  Parkhurst,  Pashley,  Phipps,  Pool,  Powell,  Pratt, 
Putnam,  Redman,  Root,  Spencer,  Steele,  A.  B.;  Steele,  W.  H.; 
Tibbetts,  Vedder,  Vogt,  Wellington,  Whitmyer,  Wiggins,  Wood- 
ward, President  —  80. 

Noes  —  Messrs.  Banks,  Blake,  Bowers,  Burr,  Bush,  Campbell, 
Chipp,  Jr.;  Cochran,  Danforth,  Davenport,  Deady,  Deyo,  Durnin, 
Emmet,  Forbes,  Giegerich,  Gilleran,  Goeller,  Green,  A.  H.;  Green, 
J.  I.;  Herzberg,  A.;  Holcomb,  Hottenroth,  Jenks,  Kerwin,  Kimmey, 
Marks,  Maybee,  McLaughlin,  J.  W.;  Meyenborg,  Mulqueen,  Nicoll, 
De  L. ;  Ohmeis,  Osborn,  Parmenter,  Peabody,  Peck,  Platzek,  Roche, 
Rogers,  Sandford,  Smith,  Speer,  Tekulsky,  Towns,  Truax,  C.  H.; 
Tucker,  Veeder,  Williams  —  48. 

Mr.  President  put  the  question  on  the  resolution  offered  by  Mr. 
C.  B.  McLaughlin,  and  it  was  determined  in  the  affirmative. 

The  hour  of  one  o'clock  having  arrived,  the  Convention  took  a 
recess  until  three  o'clock. 


AFTERNOON   SESSION. 

Three  o'clock  P.  M. 
The  Convention  again  met. 

By  unanimous  consent,  Mr.  Hottenroth  presented  a  minority 
report  of  the  Committee  on  Canals,  which  was  ordered  printed. 

On  motion  of  Mr.  I.  S.  Johnson  the  privileges  of  the  floor  were 
extended  to  Hon.  R.  P.  Bush,  ex-Speaker  of  the  Assembly,  and 
Hon.  A.  E.  Baxter,  of  Elmira. 

The  Convention  then  proceeded  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  live  o'clock  having 
arrived,  the  President  resumed  the  chair  and  the  Convention  took  a 
recess  until  eight  o'clock. 


CONSTITUTIONAL  CONVENTION.  519 

EVENING  SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met. 

Mr.  Cookinham  offered  a  resolution  in  words  following: 

Resolved,  That  the  proposed  constitutional  amendments  here- 
inafter mentioned,  be  made  Special  Orders  for  August  thirty- 
first,  at  ten  o'clock  A.  M.,  in  the  order  stated  belowT,  and  that 
they  each  be  considered  in  the  Committee  of  the  Whole  until 
disposed  of,  except  that  General  Order  No.  74,  in  regard  to 
apportionment,  take  precedence  over  all  other  business  after  it 
is  reached  on  the  day  now  fixed  for  its  consideration : 

Number.  G.  O.  No.  Abstract  of  title. 

1  ....     13 ....     Relating  to  home  rule  for  cities,  unless  sooner 

disposed  of. 

2  ....     61 ....     To  amend  article  9,  relating  to  free  common 

schools. 

3  ....     72 ....     To    amend   the   Constitution    relative   to  the 

forest  preserves. 

4  ....     63 ....     To   amend   Constitution   by   addition  of   new 

article  relative  to  waters  of  Niagara  river. 

5  ....     53 ....     To   amend   article   7,   section  3,    relative   to 

canals. 

6  ....     54 ....     To  amend    article    7,     section  6,    relative  to 

canals. 
6J. . . .      58. ...     To  amend  article  7,  sections  1  to  5,  relative  to 

canal  debts. 

.     67. ...     To  amend  article  5  of  the  Constitution. 
.     74 ....     To  amend  article  3,  relating  to  the  apportLon- 

'  ment  of  Senate  and  Assembly  districts 

9 32 Prescribing  the  period  of  citizenship  as  a  pre- 
requisite to  the  right  to  vote. 

10  ....     34 ....     Relating  to  registration  of  voters. 

11  ....     64 ....     To  amend  article  2,  relating  to  the  use  of  money 

for  political  purposes. 

12 12 To  amend  article  13,  relating  to  future  amend- 
ments. 

13  ....     55 ....     To  amend  article  14  of  the  Constitution. 

14  ....     62 ....     To  amend  article  3  by  addition  of  two  new 

sections. 


520  JOURNAL  OF  THE 

Number.  G.  O.  No.  Abstract  of  title. 

15  ....  69 ....  To  amend  the  Constitution  relative  to  the  lia- 
bility of  employers  for  injuries  to  employes. 

16 57 To  amend  article  8,  section  7,  relative  to  lia- 
bility of  stockholders  of  banking  cor- 
porations. 

17  ....     26 ....     Relating  to  civil  service. 

18  ....     48 ....     To  amend  article  1,  section  10,  in  relation  to 

the  suppression  of  gambling. 

19  ....     44....     To  authorize  Legislature  to  provide  for  con- 

struction of  dams  and  reservoirs. 

20  ....     42 ....     Relative  to  drainage  of  agricultural  lands. 

21  ....       7 ....     To  amend  section  4  of  article  23  relating  to 

enforcing  the  duty  of  voting. 

21 J  ....  33  ....  In  relation  to  the  qualification  of  voters. 

22  ....  35. ...  As  to  restrictions  on  private  and  local  bills. 

23  ....  27 ....  As  to  trusts  or  combinations. 

24  ....  36 ....  Relating  to  corporations. 

25  ....  38 ....  Relative  to  religious  liberty. 

26  ....  39....  Persons  answering  for  capital  and  otherwise 

infamous  crime. 

27 40 To  amend  article  2,  section  17  of  the  Con- 
stitution. 

28 46 To  amend  article  3  to  establish  boards  of 

arbitration. 

29  ....     47 ....     To  amend  article  3,  relative  to  private  and 

local  bills. 

30  ....     51.  ...     To  amend  article  10,  section  1,  relative  to  Gov- 

ernor removing  public  officers. 

31   60 To  amend  article  8,  section  11,  relative  to  debt 

limitation  of  cities. 

32 66 To  amend   article  12,   section   1,   relating  to 

oaths  of  office. 

33  ....     70 ....     To    amend    article  1,    section   6,,    relative    to 

conspiracies. 

34  ....     75 ....     To  amend  article  3,  section  8,  relating  to  the 

eligibility  of  persons  to  a  seat  in  the  Leg- 
islature. 

35  ....     71 ....     To  prevent  discrimination  in  rates  or  charges 

either  by  railroad,  telegraph  or  telephone 
companies,  corporations  or  common  car- 
riers doing  business  in  this  State. 


CONSTITUTIONAL  CONVENTION.  521 

Number.  G.  O.  No.  Abstract  of  title. 

36 68 To  amend  article  8,  relative  to  franchise  in 

city  streets  and  places. 

37  ....     59 ....     To  amend  article  7  of  the  Constitution. 

38  ....       5 ....     Kelative  to  the  transfer  of  land  titles. 

39 19 To  amend  section  18,  of  article  3,  relating  to 

special  or  local  laws. 
40 23 ....     To  amend  section  13  of  article  3,  as  to  passage 

of  bills  by  the  Legislature. 

41  ....     24 Relating  to  grants. 

42  ....     30....     As    to   the    powers   and    duties  of  the   Legisla- 

ture in  forming  and  dividing  counties. 

43  ....     37.  ...     Relative  to  criminal  prosecutions. 

44 43 Relative  to  soldiers  and  sailors'  homes. 

45 49. ...     To  amend  article  1,  section  7,  relating  to  tak- 
ing private  property  for  public  use. 

46  ....     56 ....     To  amend  article  8,  section  6,  in  respect  to 

banks. 

47  ....     73 ....     To  amend  article  11,  relative  to  the  militia, 

48  ....     76....     To  amend  article  3,  section  6,  as  to  pay  of 

'  members  of  the  Legislature. 
Referred  to  the  Committee  on  Rules. 

Mr.  Barhite  offered  a  resolution  in  words  following: 

Resolved,  That  the  Committee  on  Rules  be  directed  to  forthwith 
report  an  amendment  to  Rule  24  by  striking  out  the  words  "  two- 
thirds  "  and  inserting  in  the  place  thereof  the  word  ''majority." 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

On  motion  of  Mr.  Andrew  Frank  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Joseph  Benjamin,  of  Brooklyn,  during  his 
stay  in  this  city. 

Mr.  Barhite  offered  a  resolution  in  words  following : 

Resolved,  That  Rule  24  be  amended  by  striking  out  the  words 
"  two-thirds  "  arid  insertingin  the  place  thereof  the  word  "  majority." 

Referred  to  the  Committee  on  Rules. 

The  Convention  then  proceeded  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  I.  S.  Johnson,  from  said  com- 
mittee, reported : 

The  Committee  of  the  Whole,  having  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  451,  entitled 


522  JOURNAL  OF  THE 

;<  Proposed  constitutional  amendment  to  provide  home  rule  for 
cities,"  have  gone  through  with  the  same,  have  made  some  amend- 
ments thereto,  and  instructed  the  chairman  to  report  the  same  to 
the  Convention,  and  recommend  its  passage. 

The  question  being  on  the  adoption  of  said  report,  Mr.  J.  .John- 
son offered  the  following  resolution: 

Itusolved,  That  the  report  oi  the  committee  be  disagreed  to  and 
the  proposed  constitutional  amendment  be  recommitted  to  the 
Committee  on  Cities,  keeping  its  place  on  General  Orders,  with 
instructions  to  strike  out  all  but  the  first  section,  and  report  the 
same,  so  amended,  immediately. 

Mr.  J.  Johnson  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  resolution  offered  by 
Mr.  J.  Johnson,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Ackerly,  Allaben,  Arnold,  Baker,  Barhite,  Bar- 
num,  Barrow,  Becker,  Bigelow,  Brown,  E.  A. ;  Brown,  E.  R. ;  Burr, 
Cady,  Carter,  Cassidy,  Church,  Clark,  Gr.  W.;  Cookinham,  Crosby, 
Davies,  J.  C.;  Davis,  Gr.  A.;  Dean,  Dickey,  Doty,  Durnin,  Floyd, 
Foote,  Frank,  Andrew;  Frank,  Augustus;  Fraser,  Fuller,  G.  A.; 
Fuller,  O.  A.;  Gralinger,  Giegerich,  Grilbert,  Gilleran,  Groodelle, 
Harnlin,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holcomb,  Holls,  Jacobs, 
Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  K.  M.;  Kellogg,  Kinkel, 
Kurth,  Lauterbach,  Lester,  Lewis,  C.  H. ;  Lyon,  Manley,  Marshall, 
McCurdy,  McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.; 
McMillan,  Moore,  Morton,  Nichols,  W.  H.;  Nostrand,  O'Brien, 
Parker,  Parkhurst,  Pashley,  Phipps,  Platzek,  Pool,  Powell,  Pratt, 
Putnam,  Redman,  Koot,  Speer,  Spencer,  Steele,  A.  B.;  Steele, 
W.  H.;  Sullivan,  T.  A.;  Tekulsky,  Tibbetts,  Towns,  Vedder,  Vogt, 
Wellington,  Whitmyer,  Wiggins,  Woodward,  President  —  93. 

Noes  —  Messrs.  Banks,  Blake,  Bowers,  Bush,  Campbell,  Chipp, 
Jr.;  Cochran,  Danforth,  Davenport,  Deady,  Deyo,  Emmet,  Farrell, 
Fitzgerald,  Forbes,  Gribney,  Groeller,  Green,  A.  H.;  Grreen,  J.  I.; 
Hottenroith,  Jenks,  Kerwin,  Kimmey,  Lewis,  M.  E.;  Marks,  May- 
bee,  McLaughlin,  J.  W.;  Meyenborg,  Mul queen,  Ohmeis,  Par- 
menter,  Peabody,  Eodhe,  Sandford,  Smith,  Sullivan,  W.;  Titus, 
Truax,  C.  H.;  Tucker,  Veeder,  Williams— 40. 


CONSTITUTIONAL  CONVENTION.  523 

Mr.  J.  Johnson,  fro  in  the  Committee  on  Cities,  reported  said 
amendment  as  directed  by  the  Convention. 

Mr.  J.  Johnson  then  moved  that  the  proposed  constitutional 
amendment  be  ordered  to  a  third  reading  and  sent  to  the  Committee 
on  Engrossment  and  Revision,  and  on  that  motion  moved  the  pre- 
vious question. 

Mr.  President  put  the  question  on  the  motion  for. the  previous 
question,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  J.  Johnson? 
and  it  was  determined  in  the  affirmative,  and  said  amendment  was 
referred  to  the  Committee  on  He  vision  and  Engrossment. 

Mr.  Bowers  moved  that  the  Committee  on  cities  be  instructed  to 
strike  out  the  fifth  and  sixth  sections,  and  report  a  proposed  amend- 
ment in  the  words  of  such  fifth  and  sixth  sections  forthwith. 

Pending  the  question,  the  hour  of  ten  o'clock  having  arrived,  the 
Convention  adjourned. 


Friday,  August  31,  1894. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  R.  H.  Shirley. 

On  motion  of  Mr.  Cochran,  the  reading  of  the  Journal  of  Thurs- 
day, August  thirtieth,  was  dispensed  with. 

The  last  Record  appearing  upon  the  files  of  members  to-day,  is 
of  date  August  twenty-second. 

By  vote  of  the  Convention,  the  following  members  were 
excused  from  attendance,  as  follows:  Mr.  Hedges,  September 
first,  P.  M.;  Mr.  Poole,  September  first  and  third;  Mr.  Griswold, 
September  first;  Mr.  Augustus  Frank,  September  first;  Mr.  Dan- 
forth,  September  first  and  third;  Mr.  Abbott  indefinitely;  Mr.  J. 
Johnson,  September  first;  Mr.  Sandford,  August  thirty-first  and 
September  first  and  fourth;  Mr.  Alvord,  indefinitely;  Mr.  Hoi- 
comb,  September  first  and  third;  Mr.  Parmenter,  August  thirty- 
first,  P.  M.,  and  September  first;  Mr.  Kellogg,  September  first; 
Mr.  Doty,  September  first  and  third;  Mr.  J.  I.  Green,  September 
first  and  third;  Mr.  Deyo,  September  first,  afternoon;  Mr.  Foote, 
September  third;  Mr.  Mantanye,  September  third;  Mr.  Titus^ 
September  third;  Mr.  Gralinger,  September  first,  P.  M. 


524  JOURNAL  OF  THE 

Mr.  Veeder  offered  a  resolution  in  words  following: 
Resolved,  Whenever  a  vote  is  about  to  be  taken  upon  any 
question  in  the  Convention,  or  in  a  Committee  of  the  Whole,  tel- 
lers shall  be  appointed  if  a  count  is  demanded^  required  by  one- 
fifth  of  a  quorum. 

Referred  to  the  Committee  on  Rules. 

Mr.  Bush  offered  a  resolution  in  words  following: 
Amend  Rule  56  by  adding  at  the  end  thereof  the  following: 
"Except  a,s  herein  provided,  no  rule  or  order  of  the  Conven- 
tion shall  be  changed,  suspended  or  rescinded,  except  by  a  vote 
of  two-thirds  of  all  the  members  elected  to  the  Convention,  nor 
shall  the  Committee  on  Rules  be  discharged  from  the  considera- 
tion of  a  proposed  change  of  rules  except  by  a  like  vote." 
Referred  to  the  Committee  on  Rules. 

Mr.  Jenks  offered  a  resolution  in  words  following: 
Resolved,  That  the  President  of  the  Convention  shall  appoint 
a  special  committee  of  six  delegates  to  prepare  and  submit  to  the 
Convention,  an  article  for  the  government  of  cities,  which  shall 
include  the  provision  as  to  separate  elections  heretofore  reported 
to  the  Convention  from  the  Committee  of  the  Whole. 

The  special  committee  must  report  on  or  before  September  8, 
1894,  and  may  report  at  any  time  previous  to  that  date. 

Mr.  Holls  moved  to  lay  said  resolution  upon  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Ackerly,  Allaben,  Arnold,  Baker,  Barhite,  Bar- 
num,  Becker,  Brown,  E.  A.;  Brown,  E.  R.;  Cady,  Carter,  Church, 
Clark,  Gr.  W.;  Cookinham,  Crosby,  Davies,  J.  C.;  Davis,  GL  A.; 
Dean,  Deterling,  Dickey,  Doty,  Durfee,  (Floyd,  Foo>te,  Frank, 
Andrew;  Frank,  Augustus;  Fraser,  Gialinger,  Gilbert,  Gioodelle, 
H-amlin,  Hawley,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Jacobs, 
Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kellogg,  Kink  el, 
Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lyon, 
Manley,  Marshall,  McArthur,  McDonough,  Mclntyre,  McKinstiy, 
McLaugfhlin,  C.  B.;  McMillan,  Mereness,  Moore,  Nichols,  W.  H.; 
Nostrand,  O'Brien,  Parker,  Parkhurst,  Pashley,  Phipps,  Pool, 
Praitt,  Putnam,  Redman,  Root,  Spencer,  Steele,  A.  B.;  Steele, 
W.  H.;  Tibbetts,  Vedder,  Vogt,  Wellington,  Whitmyer,  Wiggins, 
President— 80. 


CONSTITUTIONAL  CONVENTION.  525 

Noes  —  Messrs.  Banks,  Barrow,  Blake,  Bowers,  Burr,  Bush, 
Campbell,  Cassidy,  Chipp,  Jr.;  Cochran,  Countryman,  Danfonth, 
Davenport,  Deady,  Deyo,  Durnin,  Emmet,  Farrell,  'Fitzgerald, 
Forbes,  Fuller,  C.  A.;  Gibney,  Giegerich,  Gilleran,  Green,  A.  H.; 
Green,  J.  L;  Griswold,  Holcomb,  Hottemroth,  Jenks,  Kerwin, 
Kimmey,  Marks,  Maybee,  McLaughlin,  J.  W.;  Meyenborg,  Morton, 
Mulqueen,  Nicoll,  DeL.;  Olimeis,  Parmenter,  Peabody,  Peck, 
Platzek,  Boohe,  Rogers,  Rowley,  Smith,  Sullivan,  W.;  Tekulsky, 
Titus,  Towns,  Truax,  C.  H.;  Tucker,  Veeder,  Williams,  Wood- 
ward—  57. 

When  the  name  of  Mr.  Becker  was  called,  he  asked  to  be  and 
was  not  excused  from  voting. 

When  the  name  of  Mr.  Morton  was  called,  he  asked  to  be  and 
was  not  excused  from  voting. 

Mr.  President  then  stated  the  pending  question,  at  the  hour 
of  adjournment  last  evening,  to  be  upon  the  motion  of  Mr.  Bow- 
ers, "That  the  Committee  on  Cities  be  instructed  to  strike  out 
the  fifth  and  sixth  sections,  and  report  a  proposed  amendment 
in  the  words  of  such  fifth  and  sixth  sections,  forthwith." 

Mr.  McMilan  moved  to  lay  said  motion  on  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McMillan, 
and  it  was  determined  in  the  affirmative. 

Mr.  Boot,  from  the  Committee  on  Bules,  reported  favorably  the 
resolution  offered  by  Mr.  Cookinham,  August  eighteenth,  in 
words  following: 

"  Resolved,  That  the  Committee  on  Rules  be  directed  to  report 
a  rule  allotting  time  for  debate  on  each  of  the  proposed  consti- 
tutional amendments." 

Mr.  Root  then  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Allaben,  Arnold,  Baker,  Barhite,  Barnum,  Bar- 
row, Becker,  Brown,  E.  A.;  Brown,  E.  R. ;  Cady,  Carter,  Church, 
Clark,  G.  W. ;  Cookinham,  Crosby,  Davis,  G.  A. ;  Dean,  Deterling, 
Dickey,  Doty,  Durfee,  Foote,  Frank,  Andrew;  Frank,  Augustus; 
Eraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Goodelle,  Griswold, 
Hamlin,  Hawley,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Johnson, 
J.;  Johnston,  R  M. ;  Kinkel,  Kurth,  Lester,  Lewis,  C.  H. ;  Manley, 


526  JOURNAL  OF  THE 

McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan, 
Moore,  Morton,  Nichols,  W.  EL;  Nostrand,  O'Brien,  Parker,  Park- 
hurst,  Pashley,  Phipps,  Pool,  Pratt,  Putnam,  Redman,  Root, 
Spencer,  Steele,  A.  B.;  Steele,  W.  H.;  Vedder,  Vogt,  Wellington, 
Whitmyer,  Wiggins,  Woodward  —  71. 

Noes  —  Messrs.  Banks,  Blake,  Bowers,  Burr,  Bush,  Campbell, 
Cassidy,  Chipp,  Jr. ;  Cochran,  Danf  orth,  Davenport,  Deady,  Deyo, 
Durnin,  Emmet,  Farrell,  Fitzgerald,  Floyd,  Forbes,  Gibney, 
Giegerich,  Gilleran,  Goeller,  Green,  A.  H.;  Green,  J.  L;  Holcomb, 
Hotchkiss,  Hottenroth,  Jenks,  Kerwin,  Kimmey,  Lyon,  Marks, 
Maybee,  McCurdy,  McLaughlin,  J.  W.;  Meyenborg,  Mulqueen, 
Nicoll,  De  L. ;  Ohmeis,  Parmenter,  Peabody,  Peck,  Platzek,  Roche, 
Rogers,  Rowley,  Smith,  Speer,  Sullivan,  W. ;  Titus,  Truax,  0.  H. ; 
Tucker,  Veeder,  Williams,  President  —  55. 

Mr.  President  put  the  question  on  the  adoiption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  favorably  the 
resolution  offered  by  Mr.  Barhite,  in  words  following: 

Resolved,  That  Rule  24  be  amended  by  striking  out  the  words 
"  two-thirds,"  and  inserting  in  the  place  thereof,  the  word 
"  majority. " 

In  accordance  with  Rule  56,  on  the  demand  of  twenty-four  mem- 
bers, said  report  was  laid  over  for  one  lay. 

Mr.  Root,  from  the  Committee  on  Rules,  in  accordance  with  the 
resolution  offered  by  Mr.  Cookinham,  in  words  following : 

''  Resolved,  That  the  proposed  constitutional  amendments  herein- 
after mentioned,  be  made  special  orders  for  August  thirty-first,  at 
ten  o'clock  A.  M.,  in  the  order  stated  below,  and  that  they  each  be 
considered  in  the  Committee  of  the  Whole  until  disposed  of,  except 
that  General  Order  No.  74,  in  regard  to  apportionment,  take  prece- 
dence over  all  other  business  after  it  is  reached  on  the  day  now  fixed 
for  its  consideration,"  reported  the  following  order  of  business  to 
be  taken  up  by  the  Convention  unless  otherwise  ordered  : 


CONSTITUTIONAL  CONVENTION.  527 

&No.'     PNo.ed    Int-N°-  By  whom  introduced  -  Title. 

Gl. .  439. .  388. .  Committee  on  Education  —  To  amend  article  9, 
relating  to  free  common  schools.  (Special 
order  for  Monday  and  succeeding  days, 
immediately  after  consideration  of  cities 
article.) 

72 . .  452 . .  393 . .  Committee  on  Forest  Preserves  —  To  amend 
the  Constitution  relative  to  the  forest  pre- 
serves. (Special  order  for  Monday  evening, 
August  twenty-seventh.) 

63. .  442. .  390. .  Committee  on  Legislative  Powers  and  Duties — 
To  amend  Constitution  by  addition  of  new 
article  relative  to  waters  of  Niagara  Kiver. 
(Special  order  for  Thursday  evening,  August 
thirtieth.) 

129 . .   129 . .  Committee  on  Governor  and  State  Officers  — 

Fixing  term. 

.  430..  386..  Committee  on  Canals  —  To  amend  article  7, 
section  3,  relative  to  canals. 

.  431..  387..  Committee  on  Canals  —  To  amend  article  7, 
section  6,  relative  to  canals. 

.  437. .  252. .  Mr.  Cassidy  —  To  amend  article  7,  sections  1  to 
5,  relative  to  canal  debts. 

.  446. .  392. .  Committee  on  Charities  — To  amend  article  5 
of  the  Constitution. 

.  454. .  376. .  Mr.  E.  K.  Brown  —  To  amend  article  3,  relating 
to  the  apportionment  of  Senate  and  Assem- 
bly districts.  (Special  order  for  Tuesday 
morning,  September  4,  1894.) 

.  400. .  100. .  Mr.  Eoche  —  Prescribing  the  period  of  citizen- 
ship as  a  prerequisite  to  the  right  to  vote. 

.  402..  253..  Mr.  W.  H.  Nichols  —  Relating  to  registration 
of  voters. 

.  443..  391..  Judiciary  Committee  —  To  amend  article  2, 
relating  to  the  use  of  money  for  political 
purposes. 

.  395. .  375. .  Committee  on  Corporations  —  As  to  trusts  or 
combinations.  (Minority  report  on  same 
General  Order.  Doc.  No.  52.) 

.  436..  368..  Committee  on  Future  Amendments  —  To 
amend  article  13  relating  to  future  amend- 
ments. 


528  JOURNAL  OF  THE 

(N?'     PrNo.ed    Illt- No.  By  whom  introduced  — Title. 

55.  .  432.  .  250.  .  Mr.  C.  H.  Truax  — To  amend  article  14  of  the 
Constitution. 

02..  441..  389..  Committee  on  Finance  and  Taxation  — To 
amend  article  3  by  addition  of  two  new 
sections. 

09.  .   448. .   520.  .  Mr.  KeUogg  and  Mr.  Coleman  —  To  amend  the 
130  Constitution    relative    to    the    liability    of 

employers  for  injuries  to  employes. 

57 .  .  434 .  .  09 ..  Mr.  Marshall  —  To  amend  article  8,  section  7, 
relative  to  tlje  liability  of  stockholders  of 
banking  corporations. 

20.  .   393.  .   200. .   Mr.  H.  A.  Clark  —  Relating  to  civil  service. 

48 .  .  425 .  .  384 .  .  Committee  on  Preamble  —  To  amend  article  1, 
section  10,  in  relation  to  the  suppression  of 
gambling. 

14 .  .  420 .  .  325 .  .  Mr.  Foote  —  To  authorize  Legislature  to  pro- 
vide for  construction  of  dams  and  reser- 
voirs. 

42..  417..  327..  Mr.  Parker  —  Relative  to  drainage  of  agricul- 
tural lands. 

7..  310..     04..   Mr.  Holls  —  To  amend  section  4  of  article  2, 
relating  to  enforcing  the  duty  of  voting. 

33.  .  401.  .  8. .  Mr.  Gilbert  —  In  relation  to  the  qualification  of 
voters.  (Minority  report  on  same  General 
Order.  Doc.  No.  48.) 

35..  407..  322..  Mr.  W.  H.  Steele  —  As  to  restrictions  on  pri- 
vate and  local  bills. 

30..  408..  377..  Committee  on  Corporations  —  Relating  to 
Corporations. 

38..   413..   211..   Mr.  Francis  —  Relative  to  religious  liberty. 

39 .  .   414 .  .   380 .  .   Committee  on  Preamble  —  Persons  answering 

for  capital  and  otherwise  infamous  crime. 

40 .  .   415 .  .  381 .  .   Committee  on  Preamble  —  To  amend  article  2, 

section  17  of  the  Constitution. 
40.  .   423.  .  321.  .   Mr.  Gilbert  — To  amend  article  3  to  establish 

boards  of  arbitration. 
47..   424..   115..  Mr.  Arnold  —  To  amend  article  3,  relative  to 

private  and  local  bills. 
51..   428..  329..   Mr.  Becker  —  To  amend  article  10.  section  1, 

-x 

relative     to     Governor     removing     public 
officers. 


CONSTITUTIONAL  CONVENTION.  529 

°No'     PNoted    Int-No-  By  whom  introduced  -  Title. 

60..  438..  148..  Mr.  Banks  — To  amend  article  8,  section  11, 
relative  to  debt  limitation  of  cities. 

66.  .  445. .  158. .  Mr.  I.  S.  Johnson  —  To  amend  article  12,  sec- 
tion 1,  relating  to  oaths  of  office. 

70 , .  449 .  .  58 ..  Mr.  Springweiler  —  To  amend  article  1,  section 
6,  relative  to  conspiracies. 

75 . .  455 .  .  131 .  .  Mr.  Hill  —  To  amend  article  3,  section  8,  relat- 
ing to  the  eligibility  of  persons  to  a  seat  in 
the  Legislature. 

71 . .  450 .  .  363 .  .  Mr.  Cornwell  —  To  prevent  discrimination  in 
rates  or  charges  either  by  railroad,  tele- 
graph or  telephone  companies,  corpora- 
tions or  common  carriers  doing  business  in 
this  State. 

68..  447..  210..  Mr.  Banks  —  To  amend  article  8,  relative  to 
franchise  in  city  streets  and  places. 

59.  .   435.  .   372.  .   Mr,  A.  H.  Green  —  To  amend  article  7  of  the 

Constitution. 

5 . .  421 . .  382 . .   Special  .committee  —  Relative  to  the  transfer 
of  land  titles. 

19. .  386. .  116. .  Mr.  Roche  — To  amend  section  18  of  article  3, 
relating  to  special  or  local  laws. 

23. .  390. .  146. .  Mr.  Roche  — To  amend  section  13  of  article  3, 
as  to  passage  of  bills  by  the  Legislature. 

24.  .  391.  .  215.  .  Mr.  Becker  —  Relating  to  grants. 

30. .  398.  .  35. .  Mr.  H.  A.  Clark  —  As  to  the  powers  and  duties 
of  the  Legislature  in  forming  and  dividing 
counties. 

37 .  .   412 .  .  261 .  .  Mr.  Goodelle  —  Relative  to  criminal  prosecr 
tions. 

43. .  419. .  352. .  Mr.  Nichols  —  Relative  to  soldiers  and  sailors' 
homes. 

49..  426..  364..  Mr.  Marks  — To  amend  article  1,  section  7, 
relating  to  taking  private  property  for 
public  use. 

56..  433..  207..  Mr.  Hawley  —  To  amend  article  8,  section  6, 
in  respect  to  banks. 

73. .  453. .  333.  .  Mr.  Cochran  —  To  amend  article  11,  relative  to 
the  militia. 

76. .   456. .     16. .   Mr.  Marks  —  To  amend  article  3,  section  6,  ns 

to  pay  of  members  of  the  Legislature, 
2..  202..     99..  Mr.  Roche  —  Pensions. 
34 


530  JOURNAL  OF  THE 

Said  report  was  laid  on  the  table,  and  ordered  printed. 

Mr.  J.  Johnson  moved  to  reconsider  the  vote  by  which  the 
report  of  the  Committee  on  Cities  on  the  "Proposed  constitu- 
tional amendment  to  provide  home  rule  for  cities/7  General  Order 
No.  13,  printed  No.  451,  introductory  No.  309,  was  agreed  to,  and 
said  amendment  referred  to  the  Committee  on  Revision  and 
Engrossment,  and  that  that  motion  lay  on  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  relative  to 
the  time  allotted  for  debate  in  Committee  of  the  Whole,  on  the 
u  Proposed  constitutional  amendment  to  amend  article  9  of  the 
Constitution,  relating  to  free  common  schools,"  General  Order 
No.  61,  printed  No.  439,  introductory  No.  388,  in  words  following : 

"That  the  time  allowed  for  debate  shall  be  seven  hours, 
divided  as  follows:  The  principal  speaker  for  the  report  and  the 
principal  speaker  against  the  report  shall  be  allowed  one  hour 
each.  All  other  speakers  shall  be  allowed  twenty  minutes  each 
for  debate." 

Mr.  Holls  moved  to  amend  by  adding  at  the  end  thereof,  "that 
the  final  vote  shall  be  taken  Tuesday  morning  next  immediately 
after  going  into  Committee  of  the  Whole. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Holls,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
as  amended,  and  it  was  determined'  in  the  affirmative. 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  Mr.  President  resumed  the  chair,  and  the  Convention 
took  a  recess  until  three  o'clock. 


AFTERNOON   SESSION. 

Three  o'clock  P.  M. 

The  Convention  again  met  and  proceeded  in  Committee  of  the 
Whole,  and,  after  some  time  spent  therein,  the  hour  of  five 
o'clock  having  arrived,  the  President  resumed  the  chair,  and  the 
Convention  took  a  recess,  until  eight  o'clock. 


CONSTITUTIONAL  CONVENTION.  531 

'      EVENING  SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met. 

Mr.  W.  H.  Steel e,  the  Second  Vice-President,  in  the  chair. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  ten  o'clock  having 
arrived,  the  President  resumed  the  chair,  and  the  Convention 
adjourned. 

Saturday,  September  1,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  A.  K.  Duff. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Friday, 
August  thirty-first,  was  dispensed  with. 

The  last  Record  appearing  upon  the  files  of  members  to-day 
is  of  date,  August  twenty-second. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows  :  Mr.  Gibney,  September  third  and 
fourth;  Mr.  Kinkel,,  September  first;  Mr.  Crosby,  September 
third;  Mr.  Davenport,  September  third,  in  the  morning;  Mr. 
Cassidy,  September  first;  Mr.  Parkhurst,  until  September  fourth, 
in  the  afternoon;  Mr.  Williams,  September  first  and  third;  Mr. 
Lauterbach,  September  first,  in  the  afternoon;  Mr.  Lyon,  Sep- 
tember first  and  third. 

By  unanimous  consent  Mr.  Bowers  offered  a  resolution  in 
words  following  : 

Whereas,  This 'Convention  has  learned  with  great  sorrow,  of  the 
death  of  a  son  of  our  colleague  the  Hon.  David  McClure,  of  New 
York; 

Resolved,  That  we  extend  to  our  colleague  our  sincerest  and 
deepest  sympathy  in  his  affliction. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
adopted  unanimously  by  a  rising  vote. 


532  JOURNAL  OF  THE 

Mr.  McMillan,  from  the  Committee  on  Governor  and  State 
Officers,  to  which  was  referred  the  proposed  amendment  intro- 
duced by  Mr.  Lauterbach,  introductory  No.  35,  entitled  "Pro- 
posed constitutional  amendment  to  amend  section  1  of  article 
4  of  the  Constitution,  in  regard  to  the  powers  and  duties  of 
the  Governor,"  etc.,  reported  in  favor  of  the  passage  of  the  same 
with  some  amendments,  and  the  title  amended  so  as  to  read  as 
follows  :  "  Proposed  constitutional  amendment  to  amend  section 
1  of  article  4,  and  section  1  of  article  5  of  the  Constitution,  in 
regard  to  the  terms  of  office,  powers  and  duties  of  the  Governor," 
etc.,  which  report  was  agreed  to,  and  said  proposed  amendment 
committed  to  the  Committee  of  the  Whole. 

Mr.  Mereness  moved  that  the  forest  preserve  amendment  hold 
its  place  on  the  Calendar  until  the  return  of  Mr.  McClure. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Root  called  from  the  table  the  report  of  the  Committee  on 
Rules,  favorable  to  the  resolution  offered  by  Mr.  Barhite,  in 
words  following  : 

Resolved,  That  the  Committee  on  Rules  be  directed  to  forth- 
with report  an  amendment  to  Rule  24,  by  striking  out  the  words 
"two-thirds"  and  inserting  in  the  place  thereof  the  word 
"  majority." 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

'    Mr.  Root  called  up  the  report  of  the  Committee  on  Rules,  in 
words  following  :  ; 

"Resolved,  That  the  proposed  constitutional  amendments  herein 
after  mentioned,  be  made  special  orders  for  August  thirty-first,  at 
ten  o'clock  A.  M.,  in  the  order  stated  below,  and  that  they  each  be 
considered  in  the  Committee  of  the  Whole  until  disposed  of,  except 
that  General  Order  No.  74,  in  regard  to  apportionment,  take  prece- 
dence over  all  other  business  after  it  is  reached  on  the  da}r  now  fixed 
for  its  consideration,"  reported  the^following  order  of  business  to 
be  taken|up  by  the  Convention,  unless  otherwise  ordered  : 


CONSTITUTIONAL  CONVENTION.  533 

InuN°-  By  whom  introduced  —  Title. 

61 . .  439 . .  388 . .  Committee  on  Education  —  To  amend  article  9, 
relating  to  free  common  schools.  (Special 
order  for  Monday  and  succeeding  days, 
immediately  after  consideration  of  cities 
article.) 

72 . .  452 . .  393 . .  Committee  on  Forest  Preserves  —  To  amend 
the  Constitution  relative  to  forest  pre- 
serves. (Special  order  for  Monday  evening, 
August  twenty-seventh.) 

(>3 . .  442 . .  390 . .  Committee  on  Legislative  Powers  and  Duties — 
To  amend  Constitution  by  addition  of  new 
article  relative  to  waters  of  Niagara  River. 
(Special  order  for  Thursday  evening, 
August  thirtieth.) 

....  129 . .  129 . .  Committee  on  Governor  and  State  Officers  — 
Fixing  term. 

53..  430..  386..  Committee  on  Canals  — To  amend  article  7, 
section  3,  relative  to  canals. 

54..  431..  387..  Committee  on  Canals  —  To  amend  article  7, 
section  6,  relative  to  canals. 

58. .  437. .  252. .  Mr.  Cassidy  —  To  amend  article  7,  sections  1  to 
5,  relative  to  canal  debts. 

67 . .  446 . .  392 . .  Committee  on  Charities  —  To  amend  article  5 
of  the  Constitution. 

74..  454..  376..  Mr.  E.  E.  Brown  —  To  amend  article  3,  relating 
to  the  apportionment  of  Senate  and  Assem- 
bly districts.  (Special  order  for  Tuesday 
morning,  September  4, 1894. 

400 . .   100 . .  Mr.  Roche  —  Prescribing  the  period  of  citizen- 
ship as  a  prerequisite  to  the  right  to  vote. 
402..  253..  Mr.  W.  H.  Nichols  —  Relating  to  registration 

of  voters. 

443 . .  391 . .  Judiciary  Committee  —  To  amend  article  2, 
relating  to  use  of  money  for  political 
purposes. 

395 . .  375 . .  Committee  on  Corporations  —  As  to  trusts  or 
corporations.  (Minority  report  on  same 
General  Order.  Doc.  No.  52.) 

436..  368..  Committee  on  Future  Amendments  —  To 
amend  article  13  relating  to  future  amend- 
ments. 


534  JOURNAL  OF  THE 

°N<x '     Pri!o.ed    Intl  No-  By  whom  introduced  —  Title. 

55. .  432. .  256. .  Mr.  G.  H.  Truax  —  To  amend  article  14  of  the 
Constitution. 

62 . .  441 . .  389 . .  Committee  on  Finance  and  Taxation  —  To 
amend  article  3  by  addition  of  two  new 
sections. 

60 . .   448 , .   520 . .  Mr.  Kellogg  and  Mr.  Coleman  —  To  amend  the 
130  Constitution    relative    to    the   liability    of 

employers  for  injuries  to  employes. 

57. .  434. .  69. .  Mr.  Marshall  —  To  amend  article  8,  section  7, 
relative  to  liability  of  stockholders  of  bank- 
ing corporations. 

26. .  393. .  206. .   Mr.  H.  A.  Clark  —  Relating  to  civil  service. 

48 . .  425 . .  384 . .  Committee  on  Preamble  —  To  amend  article  1, 
section  10,  in  relation  to  the  suppression  of 
gambling. 

44 . .  420 . .  325 . .  Mr.  Foote  —  To  authorize  Legislature  to  pro- 
vide for  construction  of  dams  and  reser- 
voirs. 

42..  417..  327..  Mr.  Parker  —  Relative  to  drainage  of  agricul- 
tural lands. 

7..  316..     64..  Mr.  Holls  —  To  amend  section  4  of  article  2, 
relating  to  enforcing  the  duty  of  voting. 

33 . .  401. .  8. .  Mr.  Gilbert  —  In  relation  to  the  qualification  of 
voters.  (Minority  report  on  same  General 
Order.  Doc.  No.  48.) 

35. .  407. .  322. .  Mr.  W.  H.  Steele  — As  to  restrictions  on  pri- 
vate and  local  bills. 

3o .  .  408 . .  377 .  .  Committee  on  Corporations  —  Relating  to 
Corporations. 

38 . .   413 . .  211 . .  Mr.  Francis  —  Relative  to  religious  liberty. 

39..  414..  380..  Committee  on  Preamble  —  Persons  answering 
for  capital  and  otherwise  infamous  crimes. 

40 . .  415 . .  381 . .  Committee  on  Preamble  —  To  amend  article  2, 
section  17  of  the  Constitution. 

46. .  423. .  321. .  Mr.  Gilbert  — To  amend  article  3  to  establish 
boards  of  arbitration. 

47..  424..  115..  Mr.  Arnold  —  To  amend  article  3,  relative  to 
private  and  local  bills. 

51..  428..  329..  Mr.  Becker  — To  amend  article  10,  section  1, 
realtive  to  Governor  removing  public 
officers. 


CONSTITUTIONAL  CONVENTION.  535 

Int- No-  By  whom  introduced  — Title. 

0..  438..  148..  Mr.  Banks  — To  amend  article  8,  section  11, 
relative  to  debt  limitation  of  cities. 

6..  445..  158..  Mr.  I.  S.  Johnson  —  To  amend  article  12,  sec- 
tion 1,  relating  to  oaths  of  office. 

0 . .  449 . .  58 ..  Mr.  Springweiler  —  To  amend  article  1,  section 
6,  relative  to  conspiracies. 

5. .  455. .  131. .  Mr.  Hill  —  To  amend  article  3,  section  8,  relat- 
ing to  the  eligibility  of  persons  to  a  seat  in 
the  Legislature. 

1..  450..  363..  Mr.  Cornwell  —  To  prevent  discrimination  in 
rates  or  charges  either  by  railroad,  tele- 
graph or  telephone  companies,  corporations 
or  common  carriers  doing  business  in  this 
State. 

8..  447..  210..  Mr.  Banks  — To  amend  article  8,  relative  to 
franchise  in  city  streets  and  places. 

9. .  435. .  372. .  Mr.  A.  H.  Green  — To  amend  article  7  of  the 
Constitution. 

5 . .  421 . .  382 . .  Special  committee  —  Relative  to  the  transfer  of 
land  titles. 

9. .  386. .  116. .  Mr.  Koche  — To  amend  section  18  of  article  3, 
relating  to  special  or  local  laws. 

3.  .  390.  .  146. .  Mr.  Roche  — To  amend  section  13  of  article  3, 
as  to  passage  of  bills  by  the  Legislature. 

4. .  391. .  215. .  Mr.  Becker  —  Relating  to  grants. 

0. .  398. .  35. .  Mr.  H.  A.  Clark  —  As  to  the  powers  and  duties 
of  the  Legislature  in  forming  and  dividing 
counties. 

7..  412..  261..  Mr.  Goodelle  —  Relative  to  criminal  prosecu- 
tions. 

3. .   419. .  352.  .   Mr.  Nichols  —  Relative  to  soldiers  and  sailors' 

homes. 

426 .  .  364 . .  Mr.  Marks  —  To   amend  article  1,   section   7, 
relating    to    taking    private    property    for 
public  use. 
433..  207..  Mr.  Hawley  — To  amend  article  8,  section  6, 

in  respect  to  banks. 
453 . .  333 . .   Mr.  Cochran  —  To  amend  article  11,  relative  to 

the  militia. 
456. .     16. .  Mr.  Marks  —  To  amend  article  3,  section  6,  as 

to  pay  of  members  of  the  Legislature. 
202..     99..  Mr.  Roche  — Pensions. 


536  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Holls  moved  that  the  time  for  the  consideration  of  the 
"Proposed  constitutional  amendment  relating  to  free  common 
schools,"  in  Committee  of  the  Whole^  be  extended  to  one  o'clock 
to-day. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

The  Convention  proceeded  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  Mr.  President  resumed  the  chair. 

Mr.  G.  W.  Clark  offered  a  resolution  in  words  following  : 
Resolved,  That  the  session  this  Saturday  afternoon  be  from 
two  until  four  o'clock,  instead  of  from  three  until  five  o'clock. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Lauterbach  moved  that  the  votes  on  all  the  amendments 
and  the  substitute  proposed  to  the  "Proposed  constitutional 
amendment  to  amend  article  9  of  the  Constitution,  relating  to 
free  common  schools,"  in  Committee  of  the  Whole,  be  postponed 
until  Tuesday  morning  next,  to  which  time  the  whole  subject 
is  postponed. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

The  Convention  then  took  a  recess  until  two  o'clock. 


CONSTITUTIONAL  CONVENTION.  537 

AFTEKNOON  SESSION. 

Two  o'clock,  P.  M. 
The  Convention  again  met. 

Mr.  President  announced  the  order  of  business  to  be  General 
Orders. 

The  Convention  proceeded  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  four  o'clock  having 
arrived,  the  Second  Vice-President  resumed  the  chair. 

On  motion  of  Mr.  President,  the  amendments  and  substitutes 
offered  in  Committee  of  the  Whole,  to  General  Order  63,  printed 
No.  442,  introductory  No.  390,  "relating  to  the  diversion  of  the 
waters  of  Niagara  river,"  the  same  being  under  consideration  in 
said  Committee  of  the  Whole,  were  ordered  printed. 

The  Convention  then  adjourned. 


Monday,  September  3,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Kev.  A.  K.  Duff. 

On  motion  of  Mr.  Acker,  the  reading  of  the  Journal  of  Satur- 
day, September  first,  was  dispensed  with. 

The  last  Kecord  appearing  upon  the  files  of  members  to-day, 
is  of  date  August  twenty-second. 

By  vote  of  the  Convention  the  following  members  were  excused 
from  attendance,-  as  follows  :  Mr.  Hill,  for  Monday  next,  and  he 
withdrew  his  leave  for  to-day;  Mr.  Cochran,  for  to-day;  Mr. 
Tucker,  for  September  fourth  and  fifth;  Mr.  Powell,  for  Sep^ 
tember  fourth;  Mr.  Lester,  indefinitely;  Mr.  Oookinham,  Septem- 
ber third;  Mr.  Tekulsky,  September  fourth. 

The  Convention  proceeded  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Cady,  from  said  committee, 
reported : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  442,  entitled 
"  Proposed  constitutional  amendment  to  amend  the  Constitution 
by  the  addition  of  a  new  article  relating  to  the  diversion  of  the 


538  JOURNAL  OF  THE 

waters  of  Niagara  river,"  have  made  some  progress  iu  the  same, 
but  not  having  gone  through  therewith,  have  instructed  the  chair- 
man to  report  that  fact  to  the  Convention,  and  asked  leave  to  sit 
again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 

Mr.  Barhite  moved  that  said  amendment  be  recommitted  to  the 
Committee  on  Legislative  Powers  and  Duties,  with,  leave  to 
report  at  any  time,  retaining  its  place  on  the  calendar. 

Mr.  Forbes  moved  to  substitute  for  the  "Committee  on  Legis- 
lative Powers  and  Duties,"  the  following,  aa  special  committee  of 
five,  to  be  appointed  by  the  President." 

Mr.  President  put  the  question  on  said  motion  of  Mr.  Forbes, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Barhite, 
and  it  was  determined  in  the  affirmative. 

Mr.  Forbes  offered  a  resolution  in  words  following: 
Resolved,  That  a  special  committee  of  five  be  appointed  by  the 
President  to  consider  what  the  State  should  do  with  its  waters, 
excluding  Niagara  river  and  its  other    natural    property,,    and 
report  thereon,  with  any  proposed  amendments  to  the  Constitu- 
tion they  may  deem  proper,  on  or  before  September  sixth. 
The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

On  motion  of  Mr.  McMillan,  General  Order  No.  77,  printed  No. 

457,  introductory  No.  35,  entitled  u  Proposed  constitutional 
amendment  fixing  the  term  of  governor  and  other  State  officers," 
was  passed,  on  account  of  its  not  being  printed  as  amended,  but 
retained  its  place  on  the  Calendar. 

On  motion  of  Mr.  McMillan,  General  Order  No.  53,  printed  No. 
430  ;  also  General  Order  No.  54,  printed  No.  431  ;  also  General  Order 
No.  58,  printed  No.  437,  all  relating,  to  the  canals,  were  passed 
in  the  call  of  General  Orders,  retaining  their  place  on  the 
General  Orders. 

Mr.  Veeder  moved  that  General  Order  No.  67,  printed  No.  446, 
entitled  "Proposed  constitutional  amendment  to  amend  article 
5  of  the  Constitution,"  change  place  on  the  Calendar  with  General 

Order  No.  64,  printed  No.  443,  entitled  ';  Proposed  constitutional 


>nal 


CONSTITUTIONAL  CONVENTION.  539 

amendment  to  amend  article  2,  relating  to  use  of  money  for 
political  purposes." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Veeder, 
and  it  was  determined  in  the  affirmative. 

The  Convention  proceeded  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  the  President  resumed  the  chair,  and  the  Convention 
took  a  recess  until  three  o'clock. 


AFTEKNOON  SESSION. 

Three  o'clock  P.  M. 
The  Convention  again  met 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  Mr.  McMillan,  from  said  com- 
mittee, reported  in  words  following  : 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  443,  entitled 
4i  Proposed  constitutional  amendment  to  amend  article  2  of 
the  Constitution,  by  adding  new  sections  relating  to  the  use  of 
moneys  for  political  purposes,"  have  gone  through  with  the  same, 
have  made  some  amendments  thereto,  and  instructed  the  chair- 
man to  report  the  same  to  the  Convention,  and  recommend  its 
passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Acker,  Baker,  Banks,  Barhite,  Becker,  Bowers, 
Brown,  E.  K.;  Cady,  Campbell,  Carter,  Chipp,  Jr.;  Church,  Clark, 
G.  W.;  Clark,  H.  A.;  Coruwell,  Countryman,  Crimmins,  Danforth, 
Davenport,  Davies,  J.  C.;  Davis,  G.  A.;  Dickey,  Durfee,  Emmet, 
Floyd,  Forbes,  Frank,  Augustus;  Fuller,  C.  A.;  Galinger,  Gil- 
leran,  Goeller,  Green,  A.  H.;  Hawley,  Hill,  Holls,  Hotchkiss, 
Johnson,  I.  Sam;  Johnson,  J.;  Kinkel,  Kurth,  Manley,  Mantanye, 
Marks,  Marshall,  McDonough,  McKinstry,  McMillan,  Meyenborg, 
Moore,  Morton,  Nichols,  W.  H.;  Nicoll,  DeL.;  O'Brien,  Osborn, 
Parker,  Pashley,  Phipps,  Platzek,  Powell,  Putnam,  Roche,  Boot, 
Spencer,  Steele,  W.  H.;  Storm,  Sullivan,  W.;  Tekulsky,  Truax, 
C.  H.;  Tucker,  Veeder,  Whitmyer,  Williams,  President  —  72. 


540  JOURNAL  OF  THE 

Noes —  Messrs.  Bigelow,  Brown,  E.  A.;  Dean,  Goodelle, 
Hedges,  Hottenroth,  Kellogg,  Kimmey,  Lauterbach,  Lewis,  C.  H.; 
Maybee,  McArthur,  McCurdy,  McLaughlin,  C.  B.;  McLaughlin, 
J.  W.;  Mereiiess,  Parmenter,  Peck,  Porter,  Sullivan,  T.  A.; 
Tibbetts  —  22. 

And  said  amendment  was  referred  to  the  Committee  on 
Revision  and  Engrossment. 

The  hour  of  five  o'clock  having  arrived  the  Convention  took  a 
recess  until  eight  o'clock. 


EVENING  SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  as  the  limit 
of  time  for  the  debate  in  Committee  of  the  Whole,  on  General 
Order  No.  32,  printed  No.  400,  introductory  No.  100,  entitled 
u  Proposed  constitutional  amendment  prescribing  the  period  of 
citizenship  as  a  prerequisite  to  the  right  to  vote,"  be  limited  to 
thirty  minutes. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Root,  also  from  the  Committee  on  Rules,  reported  the 
limit  of  debate  in  Committee  of  the  Whole,  on  the  following  sub- 
jects: On  General  Order  No.  77,  printed  No.  457,  entitled  "Pro- 
posed constitutional  amendment  fixing  the  terms  of  the  Governor 
and  State  officers,"  at  thirty  minutes;  on  General  Order  No.  53, 
printed  No.  430,  entitled  "  Proposed  constitutional  amendment 
to  amend  article  7,  section  3,  relative  to  canals; "  General  Order 
No.  54,  printed  No.  431,  entitled  "  Proposed  constitutional  amend- 
ment to  amend  article  7,  section  6,  relative  to  canals;"  General 
Order  No.  58,  printed  No.  437,  entitled  "  Proposed  constitutional 
amendment  to  amend  article  7,  sections  1  to  5,  relative  to  canal 
debts,"  one  session;  on  General  Order  No.  74,  printed  No.  454, 
entitled  "  Proposed  constitutional  amendment  to  amend  article  3, 
relating  to  the  apportionment  of  Senate  and  Assembly  districts," 
the  vote  to  be  taken  at  three  o'clock  P.  M.,  on  Thursday  next, 
unless  sooner  disposed  of. 


CONSTITUTIONAL  CONVENTION.  541 

Mr.  President  put  the  question  on  the  adoption  of  the  report  on 
-  the  first  proposition,  being  relating  to  General  Order  No.  77,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  the  report  on 
Geaneral  Order  No.  53,  General  Order  No.  54  and  General  Order 
No.  58,  relating  to  canals. 

Mr.  Nichols  moved  to  amend  by  striking  out  "  one  session  " 
and  inserting  in  lieu  thereof  "  three  hours." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Nichols, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  agreeing  to  the  report  on 
said  constitutional  amendments  as  amended,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  the  report  of 
the  committee  on  General  Order  No.  74,  relating  to  appor- 
tionment. 

On  this  question  Mr.  Bowers,  from  the  Committee  on  Rules, 
presented  a  minority  report  in  words  following: 

MINORITY  REPORT  PROM  COMMITTEE  ON  RULES. 

That  the  time  for  debate  upon  the  proposed  amendment  as  to 
apportionment  be  five  days. 

September  3,  1894.  JOHN  M.  BOWERS, 

Member  Committee  on  Rules. 

Mr.  President  put  the  question  on  the  adoption  of  the  minority 
report,  and  it  was  determined  in  the  negative. 

Mr.  Roche  then  moved  to  amend  the  report  of  the  Committee 
on  Rules  by  striking  out  "  three  P.  M.  Thursday,"  and  inserting 
in  lieu  thereof  "  Friday,  at  12  M." 

Mr.  I.  S.  Johnson  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche, 

and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  the  report 
of  the  Committee  on  Rules  as  amended,  and  it  was  determined  in 
the  affirmative. 


542  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  agreeing  to  the  report  of  the 
Committee  on  Ruleg  as  amended,,  and  it  was  determined  in  the 
affirmative. 

The  Convention  proceeded  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Tekulsky,  from  said  com- 
mittee, reported  in  words  following  : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  400,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  1  of 
article  2(,  prescribing  the  period  of  citizenship  as  a  prerequisite 
to  the  right  to  vote,"  have  gone  through  with  the  same,  have 
made  no  amendments  thereto,  and  instructed  the  chairman  to 
report  the  same  to  the  Convention,  and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

And  said  amendment  was  referred  to  the  Committee  on  Revis- 
ion and  Engrossment. 

The  Convention  again  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  ten  o'clock  having 
arrived,  Mr.  President  resumed  the  chair,  and  the  Convention 
adjourned. 

Tuesday,  September  4,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  A.  P.  Canada. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Mon- 
day, September  third,  was  dispensed  with. 

By  vote  of  the  Convention,  the  following  members  were 
excused  from  attendance,  as  follows:  Mr.  Crosby,  September 
third  and  fourth;  Mr.  Abbott,  indefinitely;  Mr.  Wiggins,  Septem- 
ber fifth  and  sixth;  Mr.  Chipp,  September  fifth  and  sixth;  Mr. 
Holcomb,  September  fourth;  Mr.  C.  S.  Truax,  after  the  fifth 
until  September  fifteenth  if  necessary,  without  compensation; 
Mr.  Sandf ord,  until  September  seventh ;  Mr.  E.  A.  Brown,  Septem- 
ber fourth;  Mr.  M.  E.  Lewis,  September  fourth  and  fifth;  Mr. 
Maybee,  September  eighth,  P.  M.,  and  tenth,  A.  M.;  Mr.  H.  A. 
Clark,  September  sixth  and  seventh ;  Mr.  A.  B.  Steele,  September 
eighth;  Mr.  Powell,  September  fifth;  Mr.  Griswold,  indefinitely; 


CONSTITUTIONAL  CONVENTION.  543 

Mr.  Hedges,  September  tenth  to  fourteenth;  Mr.  Marshall,  until 
September  seventh;  Mr.  C.  B.  McLaughlin,  September  eighth,  P. 
M. ;  Mr.  Lauterbach,  September  fifth ;  Mr.  Jenks,  September 
eighth  and  tenth  ;  Mr.  Banks,  September  eighth  ;  Mr.  Kimruey, 
September  fourth,  P.  M.,  and  fifth. 

The  last  Record  appearing  upon  the  files  of  members  to-day 
is  of  date  August  twenty- third. 

On  motion  of  Mr.  McDonough,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Randolph  Tucker,  of  Virginia, 

On  motion  of  Mr.  President,  the  privileges  of  the  floor  were 
extended  to  Rev.  Dr.  Henry  M.  Field,  of  New  York  city. 

Mr.  Forbes  called  up  his  resolution  in  words  following: 
Resolved,  That  a  special  committee  of  five  be  appointed  by 
the  President,  to  consider  what  the  State  should  do  with  its 
waters,  excluding  Niagara  river  and  its  other  natural  property, 
and  report  thereon,  with  any  proposed  amendment  to  the  Consti- 
tution they  way  derm  proper,  on  or  before  September  sixth. 

By  unanimous  consent,  Mr.  Forbes  amended  said  resolution  so 
as  to  read  as  follows: 

Resolved,  That  the  question  of  the  disposition  of  all  the 
waters  of  the  State,  for  industrial  purposes,  be  referred  to  the 
Committee  on  Legislative  Powers  and  Duties,  with  direction  to 
report  on  or  before  September  sixth. 

Mr.  President  put  the  question  on  said  resolution  as  amended, 
and  it  was  determined  in  the  affirmative. 

Mr.  I.  S.  Johnson  offered  a  resolution  in  words  following: 
Resolved,   That  hereafter  there  be  only  two  sessions  of  the 
Convention   each   day.     One  commencing  at  nine   and   holding 
until  one  o'clock,  and  one  commencing  at  2.30  and  ending  at 
six  o'clock. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  the  resolu- 
tion offered  by  Mr.  Veeder,  amended  so  as  to  read  as  follows: 

Resolved,  That  whenever  a  vote  is  about  to  be  taken  upon 
any  question  in  the  Convention,  or  in  a  Committee  of  the  Whole, 
tellers  shall  be  appointed  if  demanded  and  required  by  twenty- 
five  members. 


544  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  adoption  of  the  report, 
and  it  was  determined  in  the  affirmative. 

The  Convention  then  proceeded  in  Committee  of  the  Whole  to 
the  consideration  of  the  special  order,  and,  after  some  time  spent 
therein,  Mr.  C.  H.  Truax,  from  said  committee,  reported  in  words 
following: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  439,  entitled 
"To  amend  article  9,  relating  to  free  common  schools,"  have 
gone  through  with  the  same,  have  made  some  amendments 
thereto,  and  instructed  the  chairman  to  report  the  same  to 
the  Convention  and  recommend  its  passage. 

The  question  being  on  agreeing  to  said  report,  Mr.  Root  moved 
that  the  report  be  disagreed  to  and  that  said  amendment  be 
recommitted  to  the  Committee  on  Education,  with  instructions 
to  report  the  same  amended  to  read  as  follows: 

"  ARTICLE  IX. 

"  Sec.  1.  T  he  Legislat'ure  shall  provide  for  the  maintenance  and 
support  of  a  system  of  free  common  schools,  wlierein  all  the  children 
of  this  State  may  l>e  educated. 

"Sec.  2.  The  corporation  created  in  seventeen  hundred  and 
eighty -four,  under  the  name  of  the  Regents  of  the  University  of  the 
State  of  New  York,  is  hereby  continued,  under  the  name  of  the 
University  of  the  State  of  New  York.  It  shall  be  governed  and 
its  corporate  powers,  which  may  be  increased,  modified  or  dim- 
inished l)y  the  Legislature,  shall  be  exercised  by  not  less  than  nine 
regents. 

"  Sec.  3.  The  capital  of  the  common  school  fund,  the  capital 
of  the  literature  fund,  and  the  capital  of  the  United  States 
deposit  fund,  shall  be  respectively  preserved  inviolate.  The 
revenue  of  the  said  common  school  fund  shall  be  applied  to  the 
support  of  common  schools;  the  revenue  of  the  said  literature 
fund  shall  be  applied  to  the  support  of  academies,  and  the  sum  of 
twenty-five  thousand  dollars  of  the  revenues  of  the  United 
States  deposit  fund  shall,  each  year,  be  appropriated  to,  and 
made  a  part  of,  the  capital  of  the  said  common  school  fund. 

f '  "  Sec.  4.  Neither  the  State  nor  any  subdivision  thereof  shall  use 
^ts  property  or  credit  or  any  public  money,  or  authorize  or  per- 


CONSTITUTIONAL  CONVENTION.  545 

mit  either  to  be  used,  directly  or  indirectly,  in  did  or  main- 
tenance, other  than  for  examination  or  inspection,  of  any  school 
or  institution  of  learning,  wholly  or  in  part  under  the  control  or 
direction  of  any  religious  denomination,  or  in  which  any  denomi- 
national tenet  or  doctrine  is  taught." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Boot,  and 
it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Acker,  Ackerly,  Allaben,  Arnold,  Baker,  Bar- 
hite,  Barnuni,  Becker,  Cady,  Church,  Clark,  G.  W.;  Clark,  H.  A.; 
Cookinham,  Corn  well,  Davies,  J.  C.;  Davis,  G.  A.;  Dickey,  Doty, 
Durfee,  Faber,  Francis,  Frank,  Augustus;  Fraser,  Fuller,  C.  A.; 
Fuller,  O.  A-J  Gilbert,  Goodelle,  Hamlin,  Hawley,  Hedges,  Hill, 
Holls,  Johnson,  I.  Sam;  Johnson,  J.;  Kellogg,  Kinkel,  Kurth, 
Lewis,  C.  H. ;  Lewis,  M.  E. ;  Lincoln,  Manley,  Mantanye,  McArthur, 
McLaughlin,  C.  B.;  McMillan,  Mereness,  Moore,  Morton,  Nichols, 
W.  H.;  Nostrand,  O'Brien,  Parker,  Pashley,  Phipps,  Pool,  Porter, 
Pratt,  Root,  Spencer,  Spdngweiler,  Steele,  A.  B.;  Steele,  W.  H.; 
Storm,  Sullivan,  T.  A.;  Tibbetts,  Vedder,  Wellington,  Whibnyer, 
Wiggins,  Woodward,  President  —  71. 

Noes  —  Messrs.  Banks,  Bigelow,  Bowers,  Brown,  E.  R.;  Burr, 
Bush,  Campbell,  Carter,  Cassidy,  Chipp,  Jr.;  Cochran,  Crimmins, 
Danforth,  Davenport,  Deady,  Dean,  Deterling,  Deyo,  Durnin, 
Emmet,  Farrell,  Fields,  Fitzgerald,  Floyd,  Foote,  Forbes,  Frank, 
Andrew;  Giegerich,Gilleran,Goeller,  Green,  A.  H.;  Hecker,  Hotch- 
kiss  Hottenroth,  Jenks,  Kerwin,  Kimmey,  Lauterbach,  Marks, 
Marshall,  Maybee,  McCurdy,  McDonough,  Mclntyre,  McKinstry, 
McLaughlin,  J.  W.;  Meyenborg,  Nicoll,  De  L.;  Ohmeis,  Parmen- 
iVabody,  Peck,  Platzek,  Powell,  Roche,  Rogers,  Rowley,  Schu- 
maker,  Smith,  Speer,  Sullivan,  W.;  Titus,  Truax,  C.  H.;  Truax, 
C.  S.;  Tucker,  Veeder,  Vogt,  Williams  — 68. 

W!KMI  the  name  of  Mr/Galinger  was  called  lie  stated  that  lie 
was  paired  with  Mr.  Hoi  comb. 

When  the  name  of  Mr.  Osborn  was  called  he  asked  to  be,  and 
was,  excused  from  voting. 

When  the  name  of  Mr.  Putnam  was  called  he  stated  that  he 
was  paired  with  Mr.  Blake. 

Mr.  Holls  then  reported  said  amendment  as  directed  by  the 
Convention. 

35 


546  JOURNAL  OF  THE 

Mr.  Boot  moved  that  said  amendment]  be  ordered  to  a  third 
reading  and  referred  to  the  Committee  on  Revision  and  Engross- 
ment, and  on  that  motion  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root, 
ordering  said  amendment  to  a  third  reading  and  reference  to  the 
Committee  on  Revision  and  Engrossment,  and  it  was  determined 
in  the  affirmative. 

Ayes  —  Messrs.  Acker,  Ackerly,  Allaben,  Alvord,  Arnold, 
Baker,  Barhite,  Barnum,  Barrow,  Becker,  Cady,  Carter,  Church, 
Clark,  G.  W.;  Clark,  H.  A.;  Cookinham,  Cornwell,  DaMes,  J.  C.; 
Davis,  G.  A.;  Dean,  Dickey,  Doty,  Durfee,  Faber,  Floyd,  Foote, 
Francis,  Frank,  Andrew;  Frank,  Augustus;  Eraser,  Fuller,  C.  A.; 
Fuller,  O.  A.;  Gilbert,  Goodelle,  Green,  A.  H.;  Hamlin,  Hawley, 
Hedges,  Hill,  Holls,  Johnson,  I.  Sam;  Johnson,  J.;  Kellogg,  Kinkel, 
Kurth,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Manley,  Mantanye, 
McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mereness,  Moore,  Mor- 
ton, Nichols,  W.  H.;  Nostrand,  O'Brien,  Parker,  Pashley,  Phipps, 
Pool,  Porter,  Root,  Spencer,  Springweiler,  Steele,  A.  B.;  Steele, 
W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts,  Vedder,  Wellington, 
Whitmyer,  Woodward,  President  —  77. 

Noes  —  Messrs.  Banks,  Bigelow,  Bowers,  Brown,  E.  R.;  Burr, 
Bush,  Campbell,  Cassidy,  Cochran,  Crimmins,  Danforth,  Daven- 
port, Deady,  Deterling,  Deyo,  Durnin,  Emmet,  Farrell,  Fields, 
Fitzgerald,  Forbes,  Giegerich,  Gilleran,  Goeller,  Hecker,  Hotch- 
kiss,  Hottenroth,  Jenks,  Kerwin,  Kimmey,  Lauterbach,  Marks, 
Marshall,  Maybee,  McCurdy,  McDonough,  Mclntyre,  McLaughlin, 
J.  W.;  Meyenborg,  Nicoll,  De  L.;  Ohmeis,  Parmenter,  Peabody, 
Peck,  Platzek,  Powell,  Roche,  Rogers,  Rowley,  Schumaker,  Smith, 
Speer,  Sullivan,  W.;  Titus,  Truax,  C.  H.;  Truax,  C.  S.;  Tucker, 
Veeder,  Vogt,  Williams  —  60. 

Mr.  McMillan  offered  a  resolution  in  words  following: 
Resolved,  That  the  vote  by  which  the  report   of  the  Com- 
mittee of  the  Whole,  on  General  Order  No.  64,  "  relating  to  the 
use  of  money  for  political  purposes,"  was  agreed  to  be  recon- 
sidered, and  that  the  motion  lay  on  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  547 

The  Convention  then  proceeded  in  Committee  of  the  Whole 
to  the  consideration  of  the  special  order,  and,  after  some  time 
spent  therein,  the  hour  of  one  o'clock  having  arrived,  the  Presi- 
dent resumed  the  chair  and  the  Convention  took  a  recess  until 
three  o'clock,  i 


AFTERNOON   SESSION. 

Three  o'clock  P.  M. 

The  Convention  again  met. 

The  Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  five  o'clock  having 
arrived,  the  President  resumed  the  chair  and  the  Convention 
took  a  recess  until  eight  o'clock. 


EVENING    SESSION. 

Eight  o'clock  P.  M. 

The  Convention  again  met.  \ 

The  Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  ten  o'clock  having 
arrived,  the  President  resumed  the  chair  and  the  Convention 
adjourned. 


Wednesday,  September  5,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  Henry  M.  Field. 

On  motion  of  Mr.  Acker,  the  reading  of  the  Journal  of  Tuesday, 
September  fourth,  was  dispensed  with. 

The  last  Record  appearing  on  the  files  of  members  to-day,  is 
of  date  August  twenty-third. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows:  Mr.  Peck,  September  eighth;  Mr. 
Hotchkiss,  until  September  seventh;  Mr.  Abbott,  indefinitely;  Mr. 
Corn  well,  September  eighth;  Mr.  McArthur,  September  sixth; 


548  JOURNAL  OF  THE 

Mr.  Meyenborg,  September  eighth;  Mr.  I.  S.  Johnson,  September, 
eighth;  Mr.  Peabody,  September  seventh;  Mr.  Tibbetts,  Septem- 
ber eighth;  Mr.  Durnin,  September  fifth;  Mr.  Manley,  September 
tenth,  Mr.  Titus,  September  eighth,  P.  M.;  Mr.  Moore,  September 
eighth;  Mr.  Porter,  indefinitely. 

On  motion  of  Mr.  C.  B.  McLaughlin,  on  behalf  of  Mr.  Lauterbach, 
General  Order  No,  67,  printed  No.  446,  introductory  No.  392, 
entitled  "  Proposed  constitutional  amendment  to  amend  article 
5  of  the  Constitution,"  was  recommitted  to  the  Committee  on 
Charities,  retaining  its  place  on  the  daily  calendar. 

Mr.  I.  S.  Johnson  moved  that  the  resolution  offered  by  him 
yesterday,  relating  to  sessions  of  the  Convention,  lay  on  the 
table  until  the  disposal  of  the  apportionment  special  order,  and 
that  said  resolution  be  taken  up  at  that  time. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

The  Convention  then  proceeded  in  Committee  of  the  Whole 
to  the  consideration  of  the  Special  Order  relating  to  apportion- 
ment, and,  after  some  time  spent  therein,  the  President  resumed 
the  chair,  and  the  Convention  took  a  recess  until  three  o'clock. 


AFTERNOON  SESSION;  < 

Three  o'clock   P.  M. 

The  Convention  again  met. 

By  unanimous  consent,  Mr.  Cornwell  presented  a  corumunica 
tion  from  the  various  Farmers'  Associations  of  the  State  of  New 
York,  relating  to  General  Orders  62,  71  and  67,  which  was 
ordered  printed  and  placed  on  the  files  of ;  the  members. 

On  motion  of  Mr.  Cookinham,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Samuel  F.  Hunt,  of  Ohio. 

The  Convention  then  proceeded  in  Committee  of  the  Whole 
to  the  Special  Order  relating  to  apportionment,  and,  after  some 
time  spent  therein,  the  hour  of  five  o'clock  having  arrived,  the 
President  resumed  the  chair,  and  the  Convention  took  a  recess 
until  eight  o'clock. 


CONSTITUTIONAL  CONVENTION.  549 

EVENING  SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met. 

The  second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 
The  Convention  then  proceeded  in  Committee  of  the  Whole  on 
the  Special  Order  relating  to  apportionment,  and,  after  some  time 
spent  therein,  the  hour  of  ten  o'clock  having  arrived,  the  Presi- 
dent resumed  the  chair,  and  the  Convention  adjourned. 

Thursday,  September   6,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  Walter  C.  Stewart. 

On  motion  of  Mr.  Schumaker,  the  reading  of  the  Journal  of 
Wednesday,  September  fifth,  was  dispensed  with. 

The  last  record  appearing  upon  the  files  of  members  to  day  is  of 
date  August  twenty-fourth. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows:  Mr.  Lyon,  until  recovery;  Mr.  J.  C. 
Davies,  until  September  seventh;  Mr.  C.  H.  Lewis,  September 
seventh  and  eighth;  Mr.  Pool,  September  eighth  and  tenth; 
Mr.  Alvord,  present  week;  Mr.  Wellington,  September  tenth; 
Mr.  Goodelle,  September  eighth;  Mr.  Mclntyre,  September 
tenth;  Mr.  Roche,  September  eighth  and  tenth;  Mr.  Giegerich, 
September  eighth;  Mr.  Nicoll,  September  tenth;  Mr.  Forbes,  Sep- 
tember eighth,  P.  M. ;  Mr.  Jacobs,  week  from  September  tenth  to 
fifteenth;  Mr.  Fields,  indefinitely;  Mr.  Herzberg,  September 
eighth  and  tenth;  Mr.  Goeller,  September  tenth;  Mr.  M.  E.  Lewis, 
September  sixth. 

On  motion  of  Mr.  Cookinham  the  privileges  of  the  floor  were 
extended  to  Hon.  Alfred  Dolge,  of  Dolgeville,  N.  Y. 

On  motion  of  Mr.  McKinstry,  the  privileges1  of  the  floor  were 
extended  to  Hon.  James  O.  Putnam,  of  Buffalo,  N.  Y. 

Mr.  W.  H.  Nichols  offered  a  resolution  in  words  following  : 
Resolved,  That  on  Tuesday  of  next  week,  the  Convention  enter 
upon  the  consideration  and  disposition  of  such  bills  as  shall  be 
then  on  third  reading,  in  the  order  in  which  they  were  sent  to 


550  JOURNAL  OF  THE 

a  third  reading-,  and  that  the  whole  day  be  devoted  thereto,  if 
necessary.  ( 

Referred  to  the  Committee  on  Rules. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
to  the  consideration  of  the  Special  Order,  and,  after  some  time 
spent  therein,  the  hour  of  one  o'clock  having  arrived,  the  Presi- 
dent resumed  the  chair,  and  the  Convention  took  a  recess  until 
three  o'clock.  ' 


AFTERNOON  SESSION. 

Three  o'clock  P.  M. 

i 

The  Convention  again  met. 

Mr.  W.  H.  Steele,  Second  Vice-President,  in  the  chair. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Roche,  introductory  No.  100,  reported  by)  the 
Committee  on  Suffrage  and  by  the  Committee  of  the  Whole, 
entitled  "Proposed  constitutional  amendment  to  amend  section 
1  of  article  2,  prescribing  the  period  of  citizenship!  as  a  pre- 
requisite to  the  right  to  vote,"  reports  the  same  as  examined  and 
corrected  and  as  correctly  engrossed. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Gilbert,  introductory  No.  385,  reported  by  the 
Committee  on  Legislative  Powers  and  Duties,  and  by  the  Com- 
mittee of  the  Whole,  entitled  "  Proposed  constitutional  amend- 
ment to  amend  section  6  of  article  10,  in  relation  to  the  time  when 
the  Legislature  shall  assemble,"  reports  the  same  as  examined 
and  corrected  and  as  correctly  engrossed. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  E.  R.  Brown,  introductory  No.  47,  reported  by 
the  Committee  on  Governor  and  Other  State  Officers,  also  Rail- 
roads, and  by  the  Committee  of  the  Whole,  entitled  "Proposed 
constitutional  amendment  to  amend  article  1  of  the  Consitution, 
against  public  officers  riding  on  passes,"  reports  the  same  as 
examined  and  corrected  and  as  correctly  engrossed. 


CONSTITUTIONAL  CONVENTION.  551 

Mr.  Foote,  from  the  Committee  on  Kevision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  McDonough,  introductory  No.  117,  reported  by 
the  Committee  on  State  Prisons,  and  by  the  Committee  of  the 
Whole,  entitled  "  Proposed  constitutional  amendment  to  amend 
article  3  of  the  Constitution,  by  adding  a  section  to  provide  for 
the  occupation  and  employment  of  prisoners  in  State  prisons, 
penitentiaries,  jails  and  reformatories,"  reports  the  same  as 
examined  and  corrected  and  as  correctly  engrossed. 

Mr.  Foote,  from  the  Committee  on  Kevision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Lauterbach,  introductory  No.  258,  reported  by 
the  Committee  on  Suffrage,  and  by  the  Committee  of  the  Whole, 
entitled  "Proposed  constitutional  amendment  to  amend  article 
2  of  the  Constitution,  relative  to  suffrage,"  reports  the  same  as 
examined  and  corrected  and  as  correctly  engrossed. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  the  Committee  on  Education,  introductory  No.  388, 
reported  by  the  Committee  on  Education,  and  by  the  Committee 
of  the  Whole,  entitled  "Proposed  constitutional  amendment  to 
amend  article  9  of  the  Constitution,  relating  to  free  common 
schools,"  reports  the  same  as  examined  and  corrected  and  as 
correctly  engrossed. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
to  the  consideration  of  the  Special  Order,  relating  to  apportion- 
ment, and,  after  some  time  spent  therein,  by  unanimous  consent, 
Mr.  Barhite,  from  the  Committee  on  Powers  and  Duties  of  the 
Legislature,  to  which  was  recommitted  the  proposed  constitu- 
tional amendment  introduced  by  said  committee,  introductory 
No.  390,  printed  No.  442,  entitled  "  Proposed  constitutional  amend- 
ment to  amend  the  Constitution  by  addition  of  a  new  article 
relative  to  diversion  of  the  waters  of  Niagara  river,"  reported  in 
favor  of  the  passage  of  the  same  with  amendment,  which  report 
was  agreed  to  and  said  amendment  restored  to  its  place  on  the 
General  Orders,  and  ordered  printed  as  amended. 

The  hour  of  five  o'clock  having  arrived,  the  President  resumed 
the  chair,  and  the  Convention  took  a  recess  until  eight  o'clock. 


552  JOURNAL  OF  THE 


EVENING  SESSION. 

j    f     Eight  o'clock  P.  M. 
The  Convention  again  met. 

Mr.  Root  moved  that  all  leaves  of  absence  heretofore  granted 
by  the  Convention  be  revoked  and  that  that  motion  lay  on  the 
table.  i  , 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

Mr.  I.  S.  Johnson  moved  that  after  Saturday  no  further  leaves 
of  absence  be  granted  to  any  Delegate  except  for  sickness  of  the 
Delegate  or  of  a  member  of  his  family. 

Mr.  President  put  the  question  on  the  adoption  of  said  motion, 
and  it  was  determined  in  the  affirmative. 

Mr.  Forbes  moved  that  the  Committee  on  Legislative  Powers 
and  Duties  be  requested  to  report  as  directed  by  his  resolution 
adopted  on  the  fourth  day  of  September,  relating  to  the  waters 
of  the  State. 

Mr.  Barhite,  from  said  committee,  reported  that  said  committee 
was  not  quite  ready  to  report 

Mr.  Forbes  then  offered  the  following  resolution  : 
Resolved,  That  a  special  committee  of  five  be  appointed  by  the 
President  to  consider  what  the  State  should  do  with  its  natural 
property,  exclusive  of  the  waters  of  the  Niagara  river,  and  report 
thereon  with  any  proposed  amendments  to  the  Constitution  they 
may  deem  proper. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

On  motion  of  Mr.  Barhite,  the  Committee  on  Legislative  Powers 
and  Duties  was;  given  until  to-morrow  to  make  a  report  on  the 
previous  resolution  on  said  subject  offered  by  Mr.  Forbes. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
to  the  consideration  of  the  Special  Order,  relating  to  apportion- 
ment, and,  after  some  time  spent  therein,  the  hour  of  ten  o'clock 
having  arrived,  the  President  resumed  the  chair,  and  the  Con- 
vention adjourned. 


CONSTITUTIONAL  CONVENTION.  553 

Friday,  September  7,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  C.  P.  Evans. 

On  motion  of  Mr.  Peck,  the  reading  of  the  Journal  of  Thursday, 
September  sixth;,  was  dispensed  with. 

The  last  Record  appearing  upon  the  files  of  the  members  this 
day  is  of  date  of  August  twenty-fourth. 

By  vote  of  the  Convention,  the  following  Delegates  were 
excused  from,  attendance,  as  follows :  Messrs.  Deyo,  Cochran  and 
Kinkel,  September  eighth;  Mr.  McKinstry,  September  tenth; 
Messrs.  Deady,  T.  A.  Sullivan  and  Galinger,  September  eighth,, 
afternoon;  Mr.  C.  B.  McLaughlin,  September  tenth;  Messrs. 
Faber  and  Pashley,  September  eighth. 

On  motion  of  Mr.  Francis,  the  privileges  of  the  floor  were 
extended  to  General  Lawton,  of  Georgia. 

Mr.  Forbes  called  up  the  resolution  previously  offered  by  him 
in  words  following: 

"Resolved,  That  a  special  committee  of  five  be  appointed  by 
the  President  to  consider  wha,t  the  State  should  do  with  its 
natural  property,  exclusive  of  the  waters  of  the  Niagara  river, 
and  report  thereon  with  any  proposed  amendments  to)  the  Con- 
stitution they  may  deem  proper." 

Mr.  Goodelle  moved  that  said  resolution  lay  on  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Goodelle, 
and  it  was  determined  in  the  affirmative. 

Mr.  Lauterbach,  from  the  Committee  on  Charities,  to  which 
was  recommitted  the  proposed  constitutional  amendment,  intro- 
duced by  said  committee,  introductory  No.  392,  entitled  "To 
amend  article  5  of  the  Constitution,"  reported  in  favor  of  the 
passage  of  the  same,  with  amendment,  which  report  was  agreed 
to  and  said  amendment  restored  to  its  place  on  the  calendar, 
and  ordered  printed  as  amended^ 

Mr.  Forbes  moved  that  the  Committee  on  Legislative  Powers 
and  Duties  be  instructed  to  report  the  resolution  previously 
offered  by  him,  relating  to  the  waters  of  the  State,  to-morrow 
morning. 


554  JOURNAL  OF  THE 

Mr.  President  put  the  question]  on  the  motion  of  Mr.  Forbes, 
and  it  was  determined  in  the  negative. 

Mr.  Forbes  then  moved  that  the  resolution  offered  by  him  this 
morning  be  taken  from  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Forbes, 
and  it  was  determined  in  the  negative. 

The  Convention  then  proceeded  in  Committee  of  the  Whole 
to  the  consideration  of  the  Special  Order  relating  to  apportion- 
ment, and,  after  some  time  spent  therein,  the  President  resumed 
the  chair,  and  the  Convention  took  a  recess  until  three  o'clock. 


AFTERNOON   SESSION. 

Three  o'clock   P.  M. 
The  Convention  again  met. 

Mr.  Vedder  moved  that  discussion  on  the  amendment  proposed 
by  Mr.  Becker,  in,  Committee  of  the  Whole,  just  before  the 
Committee  of  the  Whole  arose,  on  account  of  the  hour  of  one 
o'clock  having  arrived,  be  allowed  in  Committee  of  the  Whole 
until  4.15,  and  that  the  vote  be  taken  thereon  on  or  before  that 
time. 

Mr.  McClure  moved  to  amend  so  that  unlimited  debate  be 
allowed  on  all  amendments  before  any  vote  be  taken. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McClure,, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder, 
and  it  was  determined  in  the  affirmative. 

The  Convention  then  proceeded  in  Committee  of  the  Whole 
to  the  consideration  of  the  Special  Order,  relating  to  apportion- 
ment, and,  after  some  time  spent  therein,  Mr.  Durfee,  from  said 
committee,  reported: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment;,  printed  No.  454,  entitled 
"  To  amend  article  3,  relating  to  the  apportionment  of  Senate 
and  Assembly  districts,"  have  made  some  progress  in  the  same, 
but  not  having  gone  through  therewith,  have  instructed  the 
chairman  to  report  that  fact  to  the  Convention,  and  ask  leave 
to  sit  again. 


CONSTITUTIONAL  CONVENTION.  555 

The  question  being  on  granting  leave,  Mr.  Vedder  moved  to 
disagree  with  the  report  of  the  committee,  and  that  said  amend- 
ment be  ordered  to  a  third'  reading,  and  on  that  motion  moved 
the  previous  question. 

Mr.  Roche  offered  an  amendment  to  section  4. 

Mr.  President  ruled  it  out  of  order. 

Mr.  Bowers  raised  the  point  of  order  that  Rule  34  provides 
that  "  No  proposed  constitutional  amendment  shall  be  ordered 
to  a  third  reading  until  it  shall  have  been  considered  in  Com- 
mittee of  the  Whole."  This  bill  has  not  been  considered  in 
Committee  of  the  Whole,  because  there  is  a  substitute  and  some 
amendments  pending  in  that  committee  which  have  not  been 
acted  upon,  and  the  word  "considered-7  can  only  be  treated  as 
meaning  plainly  and  fully  considered,  and  under  that  rule  leave 
to  sit  again  must  be  granted,  and  we  must  go  back  into  Com- 
mittee of  the  Whole  and  dispose  of  the  amendment  and  substi- 
tute which  have  not  been  acted  upon;  section  5  was  never  read, 
and  the  bill  has  never  been  read  through  in  Committee  of  the 
Whole. 

Mr.  President  ruled  the  point  of  order  not  well  taken.  Nothing 
can  compel  the  Convention  to  go  into  Committee  of  the  Whole 
unless  it  is  so  disposed. 

Mr.  Mulqueen  rose  to  a  question  of  privilege,  and  stated  that 
he  had  proposed  a  substitute  which  was  regularly  received,  and 
that  he  wag  entitled  to  have  the  vote  of  the  house  taken  upon 
that  substituted 

Mr.  President  ruled  that,  as  a  point  of  order,  it  was  not  well 
taken,  and  as  a  question  of  privilege,  the  Chair  had  no  power 
to  grant  it. 

Mr.  Cochran  raised  the  point  of  order  that  the  rules  provide 
that  "Proposed  constitutional  amendments  and  other  matters 
shall  be  considered  in  Committee  of  the  Whole  in  the  following 
manner,  viz.,  they  shall  be  first  read  through,  if  the  committee  so 
direct;  otherwise  they  shall  be  read  and  considered  by  sections; 
when  the  limit  of  time  has  expired,  the  amendments  which  have 
been  proposed  and  not  previously  acted  upon  shall  be  voted 
upon  in  their  order  without  further;  debate.  The  proposed  con- 
stitutional amendment  asi  amended  shall  then  be  voted  upon 
without  debate,  and  the  committee  shall  then  rise  and  report  in 
accordance  with  the  action  which  it  has  taken."  And  I  submit 


556  JOURNAL  OF  THE 

that  the  motion  to  order  this  bill  to  a  third  reading  is  not  in 
order  for  the  reason  that  we  had  not  proceeded  further  than  the 
fourth  section. 

Mr.  President  ruled  the  point  of  order  not  well  taken. 

Mr.  Gochran  then  raised  the  point  of  order  that  a  bill  cannot 
be  ordered  to  a  third  reading  until  it  has  been  reported  back  to 
the  Convention  from  the  Committee  on  Revision  and  Engross- 
ment 

Mr.  President  ruled  the  point  of  order  not  well  taken. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Acker,  Ackerly,  Allaben,  Arnold,  Baker,  Bar- 
hite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown,  E.  R.;  Cady, 
Carter,  Church,  Clark,  G.  W.;  Coleman,  Cookinham,  Corn  well, 
Crosby,  Davies,  J.  C.;  Davis,  G.  A.;  Deterling,  Dickey,  Doty,  Faber, 
Floyd,  Foote,  Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser, 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gilbert,  Goodelle,  Hamlin, 
Hawley,  Hecker,  Hedges,  Hill,  Holls,  Jacobs,  Johnson,  I.  Sam; 
Johnson,  J.;  Johnston,  R.  M.;  Kinkel,  Kurth,  Lauterbach,  Lewis, 
C.  H.;  Lincoln,  Lyon,  Manley,  Mantanye,  Marshall,  McDonough, 
Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Moore,  Mor- 
ton, Nichols,  W.  H.;  Nostrand,  Parker,  Parkhurst,  Pashley, 
Phipps,  Pool,  Putnam,  Redman,  Root,  Spencer,  Springweiler, 
Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Turner,  Ved- 
der,  Vogt,  Wellington,  Whitmyer,  Wiggins,  Woodward  Presi- 
dent —  86. 

Noes  —  Messrs.  Banks,  Bigelow,  Blake,  Bowers,  Burr,  Bush, 
Campbell,  Chipp,  Jr.;  Cochran,  Danforth,  Davenport,  Deady, 
Dean,  Deyo,  Durnin,  Emmet,  Farrell,  Forbes,  Gibney,  Giegerich, 
Gilleran,  Goeller,  Green,  A.  H.;  Grene,  J.  I.;  Griswold,  Holcomb, 
Hotchkiss,  Hottenroth,  Kerwin,  Marks,  Maybee,  McGlure, 
McCurdy,  McLaughlin  J.  W.;  Mereness,  Meyenborg,  Mulqueen, 
Nicoll,  De  L.;  Ohmeis,  Osborn,  Parmenter,  Peck,  Platzek,  Roche, 
Rogers,  Rowley,  Sandford,  Smith,  Speer,  Sullivan,  W.;  Tekulsky, 
Titus,  Towns,  Truax,  C.  H.;  Tucker,  Veeder,  Williams  — 58. 

When  the  name  of  Mr.  O'Brien  was  called,  he  stated  that  he 
wa,s  paired  with  Mr.  C.  S.  Truax. 

When  the  name  of  Mr.  Schumaker  was  called,  he  stated  that 
he  was  paired  with  Mr.  Porter. 


CONSTITUTIONAL  CONVENTION.  557 

When  the  name  of  Mr.  Pratt  was  called,  he  stated  that  he 
was  paired  with  Mr.  Jenks. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder 
to  disagree  with  the  report  of  the  Committee  of  the  Whole  and 
order  said  amendment  to  a  third  reading,  and  it  was  determined 
in  the  affirmative. 

Ayes  —  Messrs.  Acker,  Ackerly,  Allaben,  Arnold,  Baker,  Bar- 
hite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown,  E.  R.;  Cady, 
Carter,  Church,  Clark,  G.  W.;  Coleman,  Cookinham,  Cornwell, 
Crosby,  Davies,  J.  C.;  Davis,  Gr.  A.;  Deterling,  Dickey,  Doty, 
Faber,  Floyd,  Foote,  Francis,  Frank,  Andrew;  Frank,  Augustus; 
Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gilbert,  Goodelle, 
Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Holls,  Jacobs,  Johnson, 
I.  Sam;  Johnson,  J.;  Kinkel,  Kurth,  Lauterbach,  Lewis,  C.  H.; 
Lincoln,  Lyon,  Manley,  Mantanye,  Marshall,  McArthur,  Mclntyre, 
McKinstry,  McLaughlin,  C.  B.;  McMillan,  Moore,  Morton,  Nichols, 
WT.  H.;  Nostrand,  Parker,  Parkhurst,  Pashley,  Phipps,  Pool,  Put- 
nam, Redman,  Root,  Springweiler,  Steele,  A.  B.;  Steele,  W.  H.; 
Storm,  Sullivan,  T.  A.;  Turner,  Vedder,  Vogt,  Wellington,  Whit- 
rnyer,  Wiggins,  Woodward,  President  —  84. 

Noes  —  Messrs.  Banks,  Bigelow,  Blake,  Bowers,  Burr,  Bush, 
Campbell,  Cassidy,  Chipp,  Jr.;  Cochran,  Danforth,  Deady,  Dean, 
Deyo,  Durnin,  Emmet,  Farrell,  Forbes,  Gibney,  Giegerich,  Gil- 
leran,  Goeller,  Green,  A.  H.;  Green,  J.  I.;  Griswold,  Holcomb, 
Hotchkiss,  Hottenroth,  Kerwin,  Marks,  Maybee,  McClure, 
McCurdy,  McLaughlin,  J.  W. ;  Meyenborg,  Mulqueen,  Nicoll,  De  L.; 
Ohmeis,  Osborn,  Parmenter,  Peck,  Platzek,  Roche,  Rogers,  Sand- 
ford,  Smith,  Speer,  Teknlsky,  Titus,  Towns,  Truax,  C.  H.;  Tucker, 
Veeder,  Williams  —  54. 

When  the  name  of  Mr.  Davenport  was  called,  he  stated  that  he 
was  paired  with  Mr.  R.  M.  Johnston. 

When  the  name  of  Mr.  McDonough  was  called,  he  stated  that 
he  was  paired  with  Mr.  Rowley. 

The  hour  for  adjournment  having  arrived,  the  Convention  took 
a  recess  until  eight  o'clock. 


558  JOURNAL  OF  THE 

EVENING  SESSION. 

Eight  o'clock   P.  M. 
The  Convention  again  met 

Mr.  Hoot,  from  the  Committee  on  Rules^  reported  the  following 
resolution : 

Resolved,  That  on  Tuesday  morning  of  next  week,  the  Con- 
vention enter  upon  the  consideration  and  disposition  of  such 
bills  as  shall  be  then  on  third  reading,  in  the  order  in  which 
they  were  sent  to  a  third  reading,  and  continue  until  they  are 
completed. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Goodelle  moved  to  reconsider  the  vote  by  which  the  rule 
was  adopted,  prohibiting  further  leaves  of  absence,  and  it  was 
determined  in  the  negative. 

The  Convention  then  went  into  Committtee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Lauterbach,  from  said  com- 
mittee, reported: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  402,  entitled 
"  To  amend  section  4  of  article  2  of  the  Constitution,  relating  to 
registration  of  voters,"  have  made  some  progress  in  the  same, 
but  not  having  gone  through  therewith,  have  instructed  the 
chairman  to  report  that  fact  to  the  Convention,  and  ask  leave 
to  sit  again. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  the  following 
as  the  limit  of  time  for  debate  in  Committee  of  thes  Whole  on 
the  General  Orders  mentioned: 

On  General  Order  No.  63,  printed  No.  459,  relating  to  the 
diversion  of  the  waters  of  Niagara  river,  thirty  minutes  further 
time 

On  General  Order  No.  77,  printed  No.  457,  relating  to  the 
terms  of  the  Governor  and  State  officers,,  thirty  minutes. 

On  General  Order  No.  67,  printed  No.  446,  relating  to  charities, 
four  hours. 


7 


CONSTITUTIONAL  CONVENTION.  559 

On  General  Order  No.  34,  printed  No.  402,  relating  to  regis- 
tration of  voters,  thirty  minutes  further  time. 

On  General  Order  No.  72,  printed  No.  452,  relating  to  forest 
preservation,  two  hours. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

The  Convention  then  again  proceeded  in  Committee  of  the 
Whole,  and,  after  some  time  spent  therein,  Mr.  Lauterbach,  from 
said  committee,,  reported: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  402,  entitled 
"  To  amend  section  4  of  article  2  of  the  Constitution,  relating  to 
registration  of  voters,"  have  gone  through  with  the  same,  have 
made  some  amendments  thereto,  and  instructed  the  chairman 
to  report  the  same  to  the  Convention  and  recommend  its  passage. 

Mr.  Marshall  moved  to  recommit  said  amendment  to  the  Com- 
mittee on  Suffrage,  with  instructions  to  report  the  same  forth- 
with amended  as  follows:  After  the  word  "voters,"  line  5,  insert 
the  words  "except  for  town  and  village  elections."  Strike  out 
all  of  line  9  except  the  word  "but,"  and  insert  in  place  thereof 
the  words  "voters  shall  be  registered  upon  personal  application 
only." 

Mr.  Root  moved  the  previous  question. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Marshall, 
and  it  was  determined  in  the  affirmative. 

Mr.  Bowers  moved  that  the  said  amendment  be  printed  and 
recommitted  to  the  Committee  of  the  Whole,  retaining  its  place 
on  the  General  Orders,  to  be  considered  to-morrow  morning. 

Mr.  Root  moved  as  a  substitute  that  the  report  of  the  Com- 
mittee of  the  Whole,  together  with  the  amendment  ordered  by 
the  Convention,  be  agreed  to  and  said  amendment  ordered  txx  a 
third  reading. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root,  and 
it  was  determined  in  the  affirmative. 

And  said  amendment  was  referred  to  the  Committee  on 
Revision  and  Engrossment. 


560  JOURNAL  OF  THE 

The  Convention  then  again  went  into  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  ten  o'clock  having 
arrived,  Mr.  President  resumed  the  chair  and  the  Convention 
adjourned. 


Saturday,  September  8,  1894. 

The  Convention  met  pursuant  to  adjournment 
Prayer  by  Rev.  A.  K.  Duff. 

On  motion  of  Mr.  Acker,  the  reading  of  the  Journal  of  Friday, 
September  seventh,  was  dispensed  with. 

The  last  Record  appearing  on  the  files  of  members  to-day  is  of 
date  August  twenty-fourth. 

By  vote  of  the  Convention  the  following  members  were  excused 
from  attendance,  as  follows:  Mr.  Phipps,  indefinitely;  Mr.  Fran- 
cis, September  eighth;  Mr.  Veeder  September  eighth,  P.  M.; 
Mr.  Parmenter,  September  eighth,  P.  M.;  Mr.  Durnin,  September 
eighth;  Mr.  Kellogg,  September  eighth;  Mr.  Griswold  indefi- 
nitely; Mr.  Alvord,  indefinitely;  Mr.  J.  I.  Green,  September 
eighth,  P.  M.;  Mr.  Andrew  Frank,  September  eighth  and  tenth; 
Mr.  Hecker,  September  eighth;  Mr.  Lauterbach,  September 
eight;  Mr.  Hedges,  September  eighth;  Mr.  Turner,  September 
eighth. 

On  motion  of  Mr.  Holls,  the  session  of  the  Convention  for  this 
afternoon  was  changed  from  three  to  five  to  two  to  four. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  Mr.  Roche,  from  said  com- 
mittee, reported: 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  452,  entitled 
"  To  amend  the  Constitution  relative  to  the  forest  preserves," 
have  gone  through  with  the  same,  have  made  an  amendment 
thereto,  and  instructed  the  chairman  to  report  the  same  to  the 
Convention,  and  recommend  its  passage. 

The  question  being  on  agreeing  to  said  report,  Mr.  Durfee 
moved  to  disagree  with  said  report,  and  that  said  proposed  con- 
stitutional amendment  be  recommitted  to  the  Special  Committee 
on  Forestry,  with  instructions  to  report  said  amendment  forth- 
with amended  as  follows: 


CONSTITUTIONAL  CONVENTION.  561 

"The  Legislature  may  provide  for  the  remission  of  taxes  on 
forest  lands  in  the  State  owned  by  private  individuals1  or 
corporations." 

Mr.  McClure  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McClure, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Durfee, 
and  it  was  determined  in  the  negative.  \ 

Mr.  President  put  the  question  on  the  adoption  of  the  report  of 
the  Committee  of  the  Whole,  and  it  was  determined  in  the  affirma- 
tive; and  said  amendment  was  referred  to  the  Committee  on 
Revision  and  Engrossment. 

The  Convention  again  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  the  President  resumed  the  chair  and  the  Convention  took 
a  recess  until  two  o'clock. 


AFTEENOON  SESSION. 

Two  o'clock  P.  M. 
The  Convention  again  met. 

The  Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

The  Convention  proceeded  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Cady,  from  said  committee, 
reported :  \ 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  459,  entitled 
"To  amend  the  Constitution  by  the  addition  of  a  new  article, 
relating  to  the  diversion  of  the  waters  of  Niagara  river/'  have 
made  some  progress  in  the  same,  but  finding  no  quorum  present, 
have  instructed  the  chairman  to  report  that  fact  to  the 
Convention. 

The  President  resumed  the  chair  and  directed  the  Secretary 
to  call  the  roll,  when  the  following  Delegates  answered  as  their 
names  were  called: 

Messrs.  Acker,  Ackerly,  Arnold,  Baker,  Barhite,  Barnum,  Bar- 
row, Becker,  Bowers,  Brown,  E.  A.;  Brown,  E,  B.;  Cady,  Church, 

30 


562  JOURNAL  OF  THE 

Clark,  G.  W.;  Crosby,  Danforth,  Davenport,  Dean,  Deterling, 
Dickey,  Doty,  Durfee,  Floyd,  Foote,  Forbes,  Fuller,  C.  A.;  Fuller, 
O.  A.;  Goeller,  Green,  A.  H.;  Hamlin,  Hawley,  Hill,  Holls,  Hotch- 
kiss,  Hottenroth,  Johnson,  I.  Sam;  Johnson,  J.;  Kimmey,  Kurth, 
Lewis,  M.  E,;  Lincoln,  Lyon,  Mauley,  Marshall,  Maybee,  McClure, 
Mclntyre,  McLaughlin,  J.  W.;  McMillan,  Mereness,  Moore,  Mor- 
ton, Nichols,  W.  H.;  Nicoll,  DeL.;  O'Brien,  Osborn,  Parker,  Pea- 
body,  Paltzek,  Powell,  Pratt,  Putnam,  Redman,  Roche,  Rogers, 
Root,  Sandford,  Spencer,  Steele,  W.  H.;  Storm,  Sullivan,  W.; 
Tekulsky,  Towns,  Truax,  C.  H.;  Vedder,  Vogt,  Wellington,  Whit- 
myer,  President. 

On  a  count  a  quorum  was  found  to  be  present 

By  unanimous'  consent,  Mr.  J.  Johnson  offered  a  resolution  in 
Avords  following: 

Resolved,  That  the  Committee  on  Cities  are  directed  forthwith 
to  report  complete,  as  a  substitute  for  sections  5  and  6  of  General 
Order  No.  13,  and  as  additional  sections  to  article  8,  a  proposed 
constitutional  amendment  as  follows: 

Section  — .  All  cities  are  classified  according  to  the  latest 
State  enumeration,  as  from  time  to  time  made,  as  follows:  The 
first  class  includes  all  cities  having  a  population  of  two  hundred 
and  fifty  thousand,  or  more;  the  second  class,  all  cities  having  a 
population  of  fifty  thousand  and  less  than  two  hundred  and  fifty 
thousand;  the  third  class,  all  other  cities.  Laws  relating  to  the 
property,  affairs  or  government  of  cities,  and  the  several  depart- 
ments thereof  are  divided  into  general  and  special  city  laws; 
general  city  laws  are  those  which  relate  to  all  the  cities  of  one  or 
more  classes;  special  city  laws  are  those  which  relate  to  a  single 
city,  or  to  less  than  all  the  cities  of  a  classi  Special  city  laws 
shall  not  be  passed  except  in  conformity  with  the  provisions  of 
this  section.  After  any  bill  for  a  special  city  law,  relating  to  n 
city,  has  been  passed  by  both  branches  of  the  Legislature,  the 
house  in  which  it  originated  shall  immediately  transmit  a  cer- 
tified copy  thereof,  to  the  mayor  of  such  city,  and  within  fifteen 
days  thereafter  the  mayor  shall  return  such  bill  to  the  house  from 
which  it  was  sent,  with  his  certificate  thereon,  stating  whether 
the  city  has  or  has  not  accepted  the  same. 

In  every  city  of  the  first  class,  the  mayor,  and  in  every  other 
eity,  the  mayor  and  the  legislative  body  thereof,  concurrently, 


CONSTITUTIONAL  CONVENTION.  563 

shall  act  for  such  city  as  to  such  bill;  but  the  Legislature  may 
provide  for  the  concurrence  of  the  legislative  body  in  cities  of  the 
first  class.  The  Legislature  shall  provide  for  a  public  notice  and 
opportunity  for  a  public  hearing  concerning  any  such  bill  in 
every  city  to  which  it  relates  before  action  thereon.  Such  a  bill, 
if  it  relates  to  more  than  one  city,  shall  be  transmitted  to  the 
mayor  of  each  city  to  which  it  relates,  and  shall  not  be  deemed 
accepted,  unless  accepted,  as  here  provided,  by  every  such  city. 
Whenever  any  such  bill  is  accepted,  as  herein  provided,  it  shall 
be  subject,  as  are  other  bills,  to  the  action  of  the  Governor. 
Whenever  any  such  bill  is  returned  without  the  acceptance  of  the 
city  or  cities  to  which  it  relates,  or  is  not  returned  within  such 
fifteen  days,  it  may,  nevertheless,  again  be  passed  by  both 
branches  of  the  Legislature,  and  it  shall  then  be  subject,  as  are 
other  bills  to  the  action  of  the  Governor.  In  every  special  city 
law  which  has  been  accepted  by  the  city  or  cities;  to  which  it 
relates,  the  title  shall  be  followed  by  the  words  "  accepted  by  the 
city,"  or  "  cities,"  as  the  case  may  be ;  in  every  such  law  which  is 
passed  without  such  acceptance,  by  the  words  "  passed  without 
the  acceptance  of  the  city,"  or  "  cities,"  as  the  case  may  be. 

On  motion  of  Mr.  J.  Johnson,  said  amendment  was  laid  on  the 
table  and  ordered  printed. 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Cady,  from  said  committee, 
reported : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  459,  entitled 
"To  amend  the  Constitution  by  the  addition  of  a  new  article, 
relating  to  the  diversion  of  the  waters  of  Niagara  river,"  have 
made  some  progress  in  the  same,  but  not  having  gone  through 
therewith,  have  instructed  the  chairman  to  report 'that  fact  to 
the  Convention,  and  ask  leave  to  sit  again. 

Mr.  Acker  moved  that  said  report  be  disagreed  to  and  the 
amendment  rejected,  and  on  that  motion  moved  the  previous 
question. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Acker,  Ackerly,  Arnold,  Barrow,  Becker,  Cady, 
Crosby,  Dean,  Doty,  Forbes,  Hamlin,  Hawley,  Hill,  McMillan, 


564  JOURNAL  OF*' THE 

Nichols,  W.  H.;    O'Brien,  Putnam,   Spencer,  Woodward,  Presi- 
dent —  20. 

Noes  —  Messrs.  Baker,  Barhite,  Bigelow,  Blake,  Bowers,  Brown, 
E.  A.;  Church,  Clark,  G.  W.;  Danforth,  Davenport,  Dickey,  Dur- 
fee,  Floyd,  Foote,  Frank,  Augustus;  Fuller,  C.  A.;  Fuller,  O.  A.; 
Goeller,  Green,  A.  H.;  Holcomb,  Hottenroth,  Johnson,  I.  Sam; 
Johnson^  J.;  Kerwin,  Kimmey,  Kurth,  Lincoln,  Lyon,  Manley, 
Marshall,  McArthur,  McClure,  McDonough,  Mereness,  Moore, 
Morton,  Nicoll,  DeL.;  .Osborn,  Parker,  Parkhurst,  Peck,  Platzek, 
Powell,  Pratt,  Redman,  Roche,  Rogers,  Root,  Rowley,  Sanford, 
Towns,  Vedder,  Vogt,  Wellington,  Whitniyer  —  55. 

When  the  name  of  Mr.  Deterling  was  called  he  stated  that  he 
was  paired  with  Mr.  Meyenborg. 

When  the  name  of  Mr.  M.  E.  Lewis  was  called  he  stated  that 
he  was  paired  with  Mr.  G.  A.  Davis. 

When  the  name  of  Mr.  Maybee  was  called  he  stated  that  he 
was  paired  with  Mr.  Pool. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  the  Committee  on  Judiciary,  introductory  No.  383, 
reported  by  the  Committee  on  Judiciary  and  by  the  Committee  of 
the  Whole,  entitled  "  Proposed  constitutional  amendment  to 
amend  article  6  of  the  Constitution,  relating  to  the  judiciary," 
reports  the  same  as  examined  and  corrected  and  as  correctly 
engrossed. 

The  hour  of  four  o'clock  having  arrived,  the  Convention 
adjourned. 


CONSTITUTIONAL  CONVENTION.  565 

Monday,  September  10,  1894. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  D.  G.  McKey. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Satur- 
day, September  eighth,  was  dispensed  with. 

The  last  Record  appearing  upon  the  files  of  members  to-day  is 
of  date  August  twenty-fourth. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows:  Mr.  Mantanye,  September  tenth; 
Mr.  Doty,  until  September  thirteenth;  Mr.  Sandford,  indefinitely; 
Mr.  Powell,  September  tenth;  Mr.  Pashley,  September  tenth; 
Mr.  Gilbert,  September  tenth. 

Mr.  Augustus  Frank  offered  a  resolution  in  words  following : 
Resolved,  That  when  this  Convention  adjourns  on  Saturday  of 

this  week,  the  fifteenth  inst,  it  adjourn  to  meet  on  Tuesday,  the 

twenty-fifth  inst,  at  noon. 

On  motion  of  Mr.  Root,  said  resolution  was  laid  on  the  table, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  directed  the  Secretary  to  call  the  roll  to  ascer- 
tain whether  a  quorum  was  present,  when  the  following  Delegates 
answered  to  the  call  of  their  names: 

Messrs.  Abbott,  Acker,  Acker ly,  Arnold,  Baker,  Barhite,  Bar- 
num,  Bigelow,  Bowers,  Brown,  E.  A.;  Brown,  E.  R.;  Burr,  Cady, 
Carter,  Cassidy,  Chipp,  Jr.;  Church,  Clark,  G.  W.;  Clark,  H.  A.; 
Coleman,  Cookinham,  Countryman,  Crosby,  Danforth,  Davenport, 
Dean,  Dickey,  Doty,  Durfee,  Emmet,  Floyd,  Foote,  Forbes,  Fran- 
cis, Frank,  Augustus;  Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Gieg- 
erich,  Green,  A.  H.;  Hamlin,  Hawley,  Hill,  Holls,  Hottenroth, 
Johnson,  I.  Sam;  Kimmey,  Kurth,  Lester,  Lewis,  M.  E.;  Lincoln, 
Marshall?  Maybee,  McClure,  McDonough,  McLaughlin,  J.  W.; 
McMillan,  Mereness,  Moore,  Morton,  Nichols,  W.  H.;  O'Brien, 
Osborn,  Parker,  Parkhurst,  Parmenter,  Pool,  Porter,  Redman, 
Roche,  Rogers,  Root,  Rowley,  Schumaker,  Springweiler, 
Steele,  A.  B.;  Steele,  W.  H.;  Sullivan,  T.  A.;  Towns,  Truax, 

f~~. ;  Turner,  Vedder,  Whitmyer,  Wiggins,  Williams,  Woodward, 
ident. 


566  JOURNAL  OF  THE 

During  the  roll  call  to  ascertain  if  a  quorum  was  present,  the 
President  ordered  that  the  name  of  Mr.  Koch,  a  Delegate,  be 
stricken  from  the  roll  for  the  reason  that  said  Delegate  had  never 
appeared  and  taken  the  oath  of  office. 

Mr.  President  stated  the  pending  question  at  the  hour  of 
adjournment  on  {Saturday  last  to  be  upon  the  motion  of  Mr.  Acker 
to  disagree  with  the  report  of  the  Committee  of  the  Whole,  which 
was  in  words  following: 

"  The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  459,  entitled 
'  To  amend  the  Constitution  by  the  addition  of  a  new  article  relat- 
ing to  the  diversion  of  the  waters  of  Niagara  river/  have  made 
some  progress  in  the  same,  but  not  having  gone  through  there- 
with, have  instructed  the  chairman  to  report  that  fact  to  the 
Convention,  and  ask  leave  to  sit  again,"  and  that  the  said  pro- 
posed constitutional  amendment  be  rejected. 

Mr.  Bowers  moved  to  amend  as  follows: 

> 

That  the  report  of  the  Committee  of  the  Whole  be  disagreed  to 
and  the  proposed  amendment  be  referred  back  to  the  Committee 
on  Legislative  Powers  and  Duties,  with  instructions  to  report  the 
same  forthwith  in  the  following  form: 

The  Legislature  shall  not  hereafter  grant  the  right  to  divert, 
from  their  natural  channel,  any  of  the  waters  of  the  Niagara 
river  above  the  Niagara  Falls,  except  for  sanitary,  domestic  or 
tire  purposes,  or  for  the  use  of  the  Erie  canal  or  the  ship  canal  at 
Buffalo,  or  for  canal  slips  leading  to  docks  and  wharves. 

All  corporations  'and  persons  now  vested  with  the  right  to 
divert  such  waters,  or  who,  for  upwards  of  twenty  years,  by  them- 
selves and  grantors  have  been  engaged  in  the  diversion  of  said 
waters,  shall  be  under  the  direction  and  control  of  the  Commis- 
sioners of  the  Land  Office,  who  may,  from  time  to  time,  after  due 
notice  to  the  Commissioners  of  the  State  Reservation  at  Niagara 
and  to  the  parties  interested,  make  such  orders  and  give  such 
directions  in  regard  to  the  diversion  and  use  of  such  waters  as 
shall  be  just.  \ 

This  section  shall  not  affirm,  enlarge  or  impair  any  existing 
claim  of  any  person,  company  or  corporation  to  divert  such 
waters. 

Mr.  McClure  moved  to  amend  Mr.  Bowers'  amendment  by 
striking  out  of  the  second  paragraph  all  after  the  words  "and 


CONSTITUTIONAL  CONVENTION.  567 

persons  *  and  before  the  words  "  shall  be  under  the  direction," 
etc.,  and  insert  in  lieu  thereof  the  words  "  if  any,  vested  with  the 
right  to  divert  such  waters,"  so  that  the  sentence  shall  read : 

'*  All  corporations,  companies  and  persons,  if  any,  vested  with 
the  right  to  divert  such  waters  shall  be  under  the  direction  and 
control  of  the  Commissioners  of  the  Land  Office,  who  may,  from 
time  to  time,  after  due  notice  to  the  Commissioners  of  the  State 
Reservation  at  Niagara  and  to  the  parties  interested,  make  such 
orders  and  give  such  directions  in  regard  to  the  diversion  and  use 
of  such  waters  as  shall  be  just. 

"  This  section  shall  not  affirm,  enlarge  or  impair  any  existing 
claim  of  any  person,  company  or  corporation  to  divert  such 
waters." 

Mr.  A.  H.  Green  moved  to  substitute  the  following : 

The  Legislature  shall  not,  except  for  adequate  compensation, 
grant,  sell,  lease,  or  otherwise  dispose  of,  any  right,  title  or 
interest  in,  or  license  or  permission  to  use,  any  of  the  waters  of 
Niagara  river. 

Nor  shall  the  Legislature  grant,  sell,  lease,  or  otherwise  dispose 
of,  the  right,  license  or  permission  to  divert  any  of  the  waters  of 
said  river,  if  the  volume  of  water  passing  over  Niagara  Falls  is 
thereby  diminished. 

The  said  river  and  its  waters,  so  far  as  the  same  are  within  the 
jurisdiction  of  this  State,  shall  be  and  remain  its  property  and 
under  its  control  and  management  forever. 

All  grants,  sales,  leases  or  other  dispositions  of  any  of  said 
waters  may  be  revoked  by  the  State. 

Mr.  Becker  moved  to  refer  the  matter  back  to  the  Committee 
on  Legislative  Powers  with  directions  to  report  as  follows: 

ARTICLE  — . 

Section — .  The  right  to  divert  the  waters  of  Niagara  river, 
above  Niagara  Falls,  pursuant  to  any  grant  or  license  granted  by 
the  Legislature,  and  the  right  of  any  corporation  other  than  a 
municipl  corporation,  and  of  any  person  actually  engaged  on  the 
first  day  of  September,  in  the  year  one  thousand  eight  hundred 
and  ninety-four,  in  the  diversion  of  the  waters  of  said  river  above 
said  falls,  for  business  or  manufacturing  purposes,  shall  be  sub- 
ject to  regulation  by  the  Commissioners  of  the  Land  Office  in  such 
manner  that  any  diversion  of  said  waters  shall  not  impair  the 


568  JOURNAL  OF  THE 

beauty  and  grandeur  of  the  American  fall  of  said  river  or  of  the 
State  Reservation  at  Niagara  Falls.  Said  Commissioners  of 
the  Land  Office  may  from  time  to  time,  after  notice  to  the  Commis- 
sioners of  the  State  Reservation  aforesaid,  and  to  all  other  parties 
interested  make  such  orders  and  give  such  directions  in  regard  to 
said  diversion  and  use  of  said  waters  as  shall  be  just  and  proper. 
This  section  shall  not  be  deemed  to  recognize  any  right,  privilege 
or  license  under  which  any  person  or  corporation  may  claim  the 
right  to.  divert  the  waters  of  said  river,  or  to  affect  the  power  of 
the  Legislature  to  regulate  the  diversion  of  said  waters  for  the 
purpose  of  the  Erie  canal,  or  the  ship  canal  at  Buffalo,  or  for 
canal  slips  leading  to  docks  and  wharves  along  the  shores  of  said 
river,  or  for  sanitary  or  domestic  purposes. 

Mr.  Roche  moved  to  amend  the  substitute  offered  by 
Mr.  Bowers,  as  follows: 

After  the  words  "  use  of  such  waters,"  add  the  words  "  and  the 
compensation  to  be  paid  to  the  State  therefor." 

Mr.  I.  S.  Johnson  offered  the  following  substitute: 
&ec.  — .  xhe  Legislature  shall  not  grant,  sell,  lease  or  otherwise 
dispose  of  any  right,  title  or  interest  in  or  to  the  Niagara  river, 
or  any  of  the  waters  thereof,  but  the  same  shall  remain  the 
property  of  the  State,  and  under  its  management  and  control 
forever. 

Substitute  offered  by  Mr.  Forbes: 

'Sec. — .  The  Legislature  shall  never  sell  or  dispose  of  the 
waters  belonging  to  the  State.  The  right  to  use  said  water  may 
only  be  granted  on  payment  of  compensation  therefor  to  the 
State,  and  for  limited  periods  not  exceeding  forty  years.  All 
grants  of  property  rights  in  the  waters  of  the  State  may  be 
revoked  by  the  State. 

Mr.  McClure  moved  that  the  original  constitutional  amendment 
be  printed,  together  with  all  the  substitutes  and  the  amendments 
proposed  therefor,  and  that  the  subject  be  made  a  special  order 
for  next  Wednesday  morning,  after  the  third  reading  is 
completed. 

Mr.  Bowers  moved  to  amend  by  striking  out  all  after  the  word 
"morning,"  and  insert  in  lieu  thereof  "immediately  after  the 
reading  of  the  Journal,  and  that  the  debate  be  limited  to  one 
hour." 


CONSTITUTIONAL  CONVENTION.  569 

The  motions  of  Mr.  McClure  and  of  Mr.  Bowers  were  referred 
to  the  Committee  on  Rules. 

The  Convention  proceeded  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Vedder,  from  said  committee, 
reported  in  words  following: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  457,  entitled 
."  Proposed  constitutional  amendment  to  amend  section  1  of 
article  4  and  section  1  of  article  5  of  the  Constitution,  in  regard 
to  the  terms  of  office,  powers  and  duties  of  the  Governor,"  etc., 
have  gone  through  writh  the  same,  have  made  no  amendment 
thereto,  and  recommend  its  passage. 

Mr.  Roche  moved  to  disagree  with  said  report  and  that  said 
amendment  be  recommitted  to  the  Committee  on  Governor  and 
State  Officers,  with  instructions  to  report  forthwith,  amended  by 
adding  at  the  end  thereof  the  following: 

Article  5  of  the  Constitution  is  hereby  amended  by  repealing 
section  3  of  article  5,  and  substituting  the  following  in  place 
thereof: 

Sec.  3.  There  shall  be  a  Superintendent  of  Public  Works,  who 
shall  be  chosen  at  a  general  election  and  who  shall  hold  his  office 
for  the  term  of  two  years.  No  person  shall  be  eligible  to  said 
office  who  is  not  a  practical  engineer  or  builder.  He  shall  receive 
a  compensation  to  be  fixed  by  law,  and  which  shall  not  be 
increased  nor  diminished  during  his  term  of  office.  He  shall  be 
required  by  law  to  give  security  for  the  faithful  execution  of  his 
office  before  entering  upon  the  duties  thereof.  The  Superin- 
tendent of  Public  Works  shall  be  charged  with  the  execution  of 
all  laws  relating  to  the  construction,  improvement,  repair  and 
navigation  of  the  canals  of  the  State,  except  in  so  far  as  the  same 
shall  be  confided  to  the  State  Engineer  and  Surveyor,  and,  sub- 
ject to  the  control  of  the  Legislature,  he  shall  make  the  rules  and 
regulations  for  the  navigation  or  use  of  the  canals.  He  shall 
cause  the  canals  to  be  opened  for  navigation  at  the  earliest  day 
practicable,  and  to  that  end  he  shall  take  proper  measures  for 
the  prompt  execution  of  all  contracts  which  may  be  made  for 
putting  the  canals  in  repair;  and  he  shall  be  vigorous  in  super  T 
vising  and  bringing  to  completion  all  work  authorized  by  law  and 
which  is  necessary  for  securing  the  efficiency  of  the  canals.  He 


570  JOURNAL  OF  THE 

shall  make  an  annual  report  to  the  Legislature.  He  may  be  sus- 
pended or  removed  from  office  by  the  Governor  or  by  the  Senate, 
whenever  the  public  interests  shall  so  require,  but  only  after  he 
has  been  served  with  a  copy  of  the  charges  against  him,  and 
he  has  had  an  opportunity  to  be  heard  in  his  defense. 

When  a  vacancy  shall  occur,  otherwise  than  by  expiration  of 
term,  in  the  office  of  Superintendent  of  Public  Works,  the  same 
shall  be  filled  for  the  full  term  at  the  next  general  election  hap- 
pening not  less  than  sixty  days  after  such  vacancy  occurs,  and 
until  the  vacancy  shall  be  so  filled,  the  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate,  if  the  Senate  shall  be  in  session, 
or  if  not,  the  Governor  alone  may  appoint  to  fill  such  vacancy. 
The  Superintendent  of  Public  Works  shall  appoint  not  more  than 
three  assistant  superintendents,  who  shall  hold  their  office  for 
two  years,  and  who  shall  possess  the  same  qualifications  as  are 
required  for  the  Superintendent.  They  shall  receive  a  compensa- 
tion to  be  fixed  by  law,  which  shall  not  be  increased  nor  dimin- 
ished during  their  term  of  office.  Their  duties  shall  be  p^e- 
scribed  by  the  Superintendent,  subject  to  modification  by  the 
Legislature.  They  shall  be  subject  to  suspension  or  removal  by 
him,  whenever  in  his  judgment  the  public  interests  shall  so 
require;  and  the  cause  of  removal  shall  be  at  once  reported  to 
the  Governor.  Any  vacancy  in  the  office  of  Assistant  Superin- 
tendent shall  be  filled  for  the  remainder  of  the  term  by  the 
Superintendent  of  Public  Works  by  the  appointment  of  a  person 
qualified  as  aforesaid.  All  other  persons  employed  in  the  care 
and  management  of  the  canals,  except  'those  in  the  department 
of  the  State  Engineer  and  Surveyor,  shall  be  appointed  by  the 
Superintendent  of  Public  Works,  and  may  be  suspended  or 
removed  by  him,  and  their  names,  residence,  general  duties  and 
rate  and  amount  of  compensation  paid  them  shall  be  stated  in 
the  annual  report  of  the  Superintendent.  The  first  election  under 
this  section  shall  be  held  on  the  first  Tuesday  of  November, 
eighteen  hundred  and  ninety-five,  and  until  a  person  shall  be 
elected  and  shall  qualify,  the  office  of  Superintendent  of  Public 
Works  shall  be  filled  in  the  manner  provided  in  the  Constitution, 
which  was  in  force  on  the  thirty-first  day  of  December,  eighteen 
hundred  and  ninety-four. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche,  and 
it  was  determined  in  the  negative. 


CONSTITUTIONAL  CONVENTION.  571 

Ayes  —  Messrs.  Arnold,  Bigelow,  Bowers,  Burr,  Campbell, 
Chipp,  Jr.,  Cochran,  Countryman,  Danforth,  Davenport,  Deady, 
Dean,  Dickey,  Emmet,  Floyd,  Forbes,  Fuller,  O.  A;  Green,  A.  H; 
Holcomb,  Hottenroth,  Johnson,  I.  Sam,  Kerwin,  Kimmey,  Marks, 
Maybee,  McClure,  McDonough,  McLaughlin,  J.  W.;  Mereness, 
Moore,  Mulqueen,  Ohmeis,  Osborn,  Platzek,  Pratt,  Roche, 
Rogers,  Rowley,  Schumaker,  Smith,  Towns,  Truax,  C.  H. ;  Tucker, 
Veeder  —  44.  I 

Noes  —  Messrs.  Abbott,  Acker,  Ackerly,  Baker,  Barhite,  Bar- 
num,  Becker,  Brown,  E.  A.;  Brown,  E.  R.;  Cady,  Carter,  Cassidy, 
Church,  Clark,  G.  W.;  Clark,  H.  A.;  Colenian,  Cookinham, 
Crosby,  Doty,  Durfee,  Foote,  Francis,  Frank,  Augustus;  Eraser, 
Fuller,  C.  A.;  Hamlin,  Hawley,  Hill,  Holls,  Johnson,  J.;  Kellogg, 
Kurth,  Lauterbach,  Lester,  Lewis,  M.  E.;  Lincoln,  Lyon,  Marshall, 
McCurdy,  McMillan,  Morton,  Nichols,  W.  H.;  O'Brien,  Parkhurst, 
Parmenter,  Peck,  Pool,  Putnam,  Redman,  Root,  Steele,  A.  B.; 
Steele,  W.  H.;  Sullivan,  T.  A.;  Vedder,  Whitmyer,  Wiggins, 
Woodward,  President  —  58. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Baker,  Barhite,  Bar- 
num;  Becker,  Brown,  E.  A. ;  Brown,  E.  R. ;  Cady,  Carter,  Church, 
Clark,  G-.  W. ;  Clark,  H.  A. ;  Coleman,  Cookinham,  Crosby,  Daven- 
port, Durfee,  Emmet,  Floyd,  Foote,  Francis,  Frank,  Augustus; 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Giegerich,  Green,  A.  H.; 
Hamlin,  Hawley,  Hecker,  Hill,  Holls,  Johnson,  J.;  Kurth,  Lauter- 
bach, Lester,  Lewis,  M.  E.;  Lyon,  Marshall,  Maybee,  McCurdy, 
McDonough,  McMillan,  Moore,  Morton,  Nichols,  W.  H.;  O'Brien. 
Parkhurst,  Phipps,  Pool,  Porter,  Pratt,  Putnam,  Root,  Steels, 
A.  B.;  Steele,  W.  H.;  Sullivan,  T.  A.;  Truax,  C.  H.;  Turner, 
Vedder,  Wiggins,  Woodward,  President  —  65. 

Noes  —  Messrs.  Arnold,  Bigelow,  Burr,  Cassidy,  Chipp,  Jr.; 
Cochran,  Danforth,  Deady,  Dean,  Dickey,  Doty,  Gibney,  Holcomb, 
Hottenroth,  Johnson,  I.  Sam,  Kellogg,  Kerwin,  Kimmey,  Marks, 
McClure,  McLaughlin,  J.  W.;  Mereness,  Mulqueen,  Ohmeis, 
Osborn,  Parker,  Parmenter,  Peck,  Platzek,  Roche,  Rogers,  Row- 
ley, Schumaker,  Smith,  Speer,  Springweiler,  Towns,  Tucker, 
Veeder  —  39, 

And  said  amendment  was  referred  to  the  Committee  on 
Revision  and  Engrossment. 


572  JOURNAL  OF  THE 

Mr.  Koot,  from  the  Committee  on  Rules,  recommended  that 
General  Order  No.  63,  relating  to  the  diversion  of  the  waters  of 
Niagara  river,  be  considered  immediately  after  the  conclusion  of 
the  third  readings,  which  were  a  special  order  for  Tuesday  morn- 
ing; that  the  time  for  consideration  be  limited  to  one  hour  in 
Convention,  and  speeches  be  limited  to  five  minutes  each. 

Mr.  Bowers  dissented  from  said  report. 

Mr.  President  put  the  question  on  the  adoption  of  the  report, 
and  it  was  determined  in  the  affirmative. 

The  Convention  then  went  into  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  the  President  resumed  the  chair,  and  the  Convention  took 
a  recess  until  three  o'clock. 


AFTERNOON  SESSION. 

Three  o'clock  P.  M. 
The  Convetion  again  met. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  five  o'clock  having 
arrived,  the  President  resumed  the  chair,  and,  by  unanimous 
consent,  Mr.  Cady  moved  that  the  time  for  discussion  of  the  canal 
amendments  in  Committee  of  the  Whole  be  extended  in  this 
evening's  session  to  nine  o'clock  instead  of  being  colsed  at  8.25  in 
accordance  with  the  time  limit. 

Mr.  Cookinham  moved  to  amend  by  continuing  this  afternoon 
session  until  six  o'clock,  and  that  the  debate  be  closed  in 
Committee  of  the  Whole  at  that  time. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cookin- 
ham, and  it  was  determined  in  the  affirmative. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  the  hour  of  six  o'clock  having 
arrived,  the  Second  Vice-President,  Mr.  W.  H.  Steele,  took  the 
chair  and  the  Convention  took  a  recess  until  eight  o'clock. 


CONSTITUTIONAL  CONVENTION.  573 

EVENING  SESSION. 

Eight  o'clock  P.  M. 

The  Convention  again  met,  the  Second  Vice-President,  Mr.  W. 
H.  Steele,  in  the  chair. 

On  motion  of  Mr.  Cady,  and  by  unanimous  consent,  the  limit 
for  debate  in  the  Committee  of  the  Whole,  on  the  canal  amend- 
ment, was  extended  to  8.30. 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and.  after  some  time  spent  therein,  Mr.  Barhite,  from  said  com- 
mittee, reported: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  430,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  3  of 
article  7,  relating  to  canals,"  have  gone  through  with  the  same, 
and  substituted  said  amendment  for  section  3  of  printed  No.  437 
and  instructed  the  chairman  to  report  that  action  to  the 
Convention.  ; 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  431,  entitled 
"Proposed  constitutional  amendment  to  amend  section  6  of  article 
7,  relating  to  canals,"  have  gone  through  with  the  same,  have  made 
some  amendments  thereto,  and  instructed  the  chairman  to  report 
the  same  to  the  Convention  and  recommend  its  passage. 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  437,  entitled 
"  Proposed  constitutional  amendment  to  amend  sections  1,  2,  3,  4, 
and  5  of  article  7  of  the  Constitution,  in  relation  to  the  canal  debts 
and  the  maintenance  of  canals,"  have  gone  through  with  the  same, 
have  made  an  amendment  thereto,  and  instructed  the  chairman  to 
report  the  same  to  the  Convention,  and  recommend  its  passage. 

The  question  being  on  the  adoption  of  said  report,  Mr.  Eoche 
moved  to  disagree  with  said  report  and  that  said  proposed  consti- 
tutional amendments  be  recommitted  to  the  Committee  on  Canals, 
with  instructions  to  substitute  for  both  proposed  constitutional 
amendments,  printed  Nos.  437  and  431,  and  report  forthwith  the 
following  : 

Repeal  sections  1  to  6,  both  inclusive,  of  article  7,  and  substi- 
tute the  Mowing: 


574  JOURNAL  OF  THE 

ARTICLE  VII. 

Section  1.  The  canals  of  this  State  shall  remain  the  property 
of  and  shall  be  forever  managed  by  the  State;  and  no  sale,  lease 
or  other  disposition  thereof  shall  be  valid.  No  tolls  shall  be 
imposed  on  persons  or  property  transported  on  the  canals;  but 
all  boats  navigating  the  canals  and  the  owners  and  masters 
thereof  shall  be  subject  to  such  laws  and  regulations  as  have  been 
or  may  hereafter  be  enacted  concerning  the  navigation  of  the 
canals.  The  Legislature  shall,  annually,  provide  for  meeting  all 
the  expenses  of  superintending  and  repairing  the  canals  and  the 
dams  and  feeders  thereto,  and  of  constructing  necessary  aque- 
ducts and  culverts,  by  imposing  equitable  taxes,  which  shall  be 
paid  into  the  State  treasury.  The  Legislature  shall,  in  like 
manner,  provide  for  improving  the  locks  of  the  canals  and  secur- 
ing any  needed  additional  feeders.  All  contracts  for  work  or 
materials  on  any  canal  shall  be  made  with  the  person  who  shall 
offer  to  perform  or  furnish  the  same  at  the  lowest  price,  giving 
adequate  security  therefor.  No  extra  compensation  shall  be  made 
to  any  contractor;  but  if,  from  any  unforeseen  cause,  the  terms  of 
any  contract  shall  prove  to  be  unjust  and  oppressive,  the  Canal 
Board  may,  upon  the  application  of  the  contractor,  cancel  such 
contract.  j 

Sec.  2.  The  State  Engineer  and  Surveyor,  the  Superintendent  of 
Public  Works,  and  three  persons  to  be  named  and  selected  by  the 
Governor  from  among  the  commercial  bodies  of  the  State  on  or 
before  the  first  day  of  March,  one  thousand  eight  hundred  and 
ninety-five,  shall  constitute  a  commission,  whose  duty  it  shall  be  to 
make  an  examination  of  the  canals  with  a  view  to  the  improve- 
ment thereof,  or  of  such  of  them  as  it  may  be  desirable  to  improve. 
They  shall  report  as  to  the  most  feasible  methods  for  making  such 
improvements,  and  shall  also  make  an  estimate  of  the  cost  thereof; 
and  such  report  shall  be  filed  by  them  in  the  office  of  the  Secretary 
of  State  on  or  before  the  first  day  of  September,  one  thousand 
eight  hundred  and  ninety-five.  The  Legislature  shall  provide  for 
paying  the  expenses  incurred  by  said  commission  in  the  execution 
of  their  duties.  The  Legislature  shall  make  provision  at  the  first 
session  after  the  adoption  of  this  Constitution  for  the  submission 
to  the  voters,  at  a  general  election  to  be  held  on  the  Tuesday  after 
the  first  Monday  of  November,  one  thousand  eight  hundred  and 
ninety-five,  of  the  question :  "  Shall  the  canals  be  deepened  and 


CONSTITUTIONAL  CONVENTION.  575 

otherwise  improved?"  If  the  majority  of  votes  upon  that  ques- 
tion shall  be  in  the  affirmative,  it  shall  be  the  duty  of  the  Legisla- 
ture, at  its  next  session,  to  prescribe  a  general  plan  for  the 
improvement  of  the  canals,  or  of  such  of  them  as  it  is  desirable  to 
improve,  and  to  take  measures  for  putting  such  plans  into  execu- 
tion. The  State  may,  from  time  to  time,  issue  its  bonds,  in 
manner  to  be  directed  by  the  Legislature,  to  an  amount  not 
exceeding  eight  millions  of  dollars,  which  shall  be  used  solely  for 
the  purpose  of  paying  for  the  cost  of  improving  said  canals.  The 
said  bonds  shall  be  payable  at  such  time  or  times  as  shall  be 
directed  by  the  Legislature,  not  exceeding  thirty  years  from  the 
date  of  issue,  and  payment  of  the  principal  and  interest  thereof 
shall  be  provided  for  by  taxes  to  be  levied  and  imposed  each  year 
in  which  the  principal  and  interest  shall  become  due,  or  partly 
by  funds  from  other  sources  as  the  Legislature  shall  direct  to 
be  applied  for  that  purpose;  and  the  Legislature  may  provide  for 
the  creation  of  a  sinking  fund  to  secure  the  payment  of  the 
principal  and  interest  of  the  said  bonded  debt,  in  whole  or  in  part. 
Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche,  and 
it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Baker,  Banks,  Barrow,  Blake,  Blowers,  Brown, 
E.  A.;  Burr,  Campbell,  Carter,  Cochran,  Coleman,  Countryman, 
Davenport,  Deady,  Deyo,  Emmet,  Floyd,  Forbes,  Eraser,  Gibney, 
Giegerich,  Gilleran,  Green,  J.  I.;  Hill,  Holcomb,  Hottenroth, 
Kerwin,  Kimmey,  Mantanye,  Marks,  McArthur,  McClure,  Meyen- 
borg,  Moore,  Mulqueen,  Ohmeis,  Parmenter,  Peck,  Platzek,  Porter, 
Putnam,  Roche,  Rogers,  Sandford,  Smith,  Speer,  Springweiler, 
Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Sullivan,  W.; 
Tekulsky,  Tibbetts,  Titus,  Towns,  Truax,  C.  H.;  Turner,  Veeder, 
Williams  —  59. 

Noes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold,  Bar- 
hite,  Barnum,  Becker,  Bigelow,  Brown,  E.  R.;  Bush,  Cady, 
Cassidy,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Cookinham, 
Cornwell,  Crosby,  Danforth,  Davies,  J.  C.;  Dean,  Deterling, 
Dickey,  Doty,  Durfee,  Foote,  Francis,  Frank.  Augustus:  Fuller, 
O.  A.;  Galinger,  Goodelle,  Green,  A.  H.;  Hamlin,  Hawley, 
Hecker,  Hedges,  Holls,  Johnson,  I.  Sam;  Johnson,  J.;  Kellogg, 
Kinkol,  Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lewi%  M.  E.; 


576  JOURNAL  OF  THE 

Lincoln,  Lyon,  Marshall,  Maybee,  McCurdy,  McDonough,  McLaugh- 
lin,  McMillan,  Mereness,  Morton,  Nichols,  W.  H.;  O'Brien, 
Parker,  Parkhurst,  Phipps,  Pratt,  Redman,  Root,  Schumaker, 
Spencer,  Vedder,  Vogt,  WeUington,  Wiggins,  Woodward, 
President  —  72. 

On  motion  of  Mr.  I.  S.  Johnson,  the  session  was  extended  for 
one  hour. 

Mr.  Baker  then  moved  that  the  report  of  the  Committee  of  the 
Whole  be  disagreed  to,  and  that  printed  No.  431,  entitled  "  To 
amend  section  G  of  article  7,  relating  to  canals,"  be  recommitted 
to  the  Committee  on  Canals,  with  instructions  to  report  the  same 
forthwith  amended  as  follows  :  After  word  "  forever,"  line  7, 
insert  the  following  :  "  The  canals  of  the  State  may  be  improved 
in  such  manner  as  shall  be  provided  by  law,  and  the  Legislature 
shall  have  the  power  to  contract  debts  for  the  improvement  of  the 
canals,  which  shall  be  made  payable  at  such  time  and  in  such 
manner  as  the  Legislature  may  direct.  The  provisions  of  section 
12  of  this  article  shall  not  apply  to  the  debts  created  pursuant  to 
the  provisions  of  this  section." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Baker,  and 
it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Baker,  Barrow,  Blake,  Bowers,  Brown,  E.  A.; 
Burr,  Campbell,  Carter,  Cochran,  Coleman,  Davies,  J.  C.;  Deady, 
Dean,  Deyo,  Emmet,  Floyd,  Forbes,  Frank,  Augustus;  Gibney, 
Giegerich,  Gilteran,  Green,  J.  L;  Hill,  Holcomb,  Hottenroth, 
Kerwin,  Kimmey,  Mantanye,  Marks,  Me  Arthur,  Meyenborg,  Mul- 
queen,  Ohmeis,  Parmenter,  Pashley,  Putnam,  Roche,  Sandford, 
Smith,  Spoer,  Sprhi^weiler,  Sullivan,  T.  A.;  Sullivan,  W.; 
Tekulsky,  Titus,  Truax,  C.  H.;  Veeder,  Williams  — 49. 

Noes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold,  Bar- 
hite,  Barnnm,  Becker,  Brown,  E.  R.;  Cady,  Cassidy,  Church, 
Clark,  G.  W.;  Clark,  H.  A.;  Cookinham,  Cornwell,  Crosby,  Dan- 
forth,  Dickey,  Doty,  Durfee,  Foote,  Francis,  Fuller,  O.  A.; 
Goodelle,  Green,  A.  H.;  Hamlin,  Hawley,  Hecker,  Hedges,  Holls, 
Hotchkiss,  Johnson,  I.  Sam,  Johnson,  J.;  Kellogg,  Kinkel,  Kurth, 
Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon, 
Marshall,  Maybee,  McCurdy,  McDonough,  McLaughlin,  C.  B.; 
McMillan,  Mereness,  Moore,  Morton,  Nichols,  W.  H.;  O'Brien, 


CONSTITUTIONAL  CONVENTION.  577 

Parkhurst,  Peck,  Phipps,  Pratt,  Redman,  Root,  Schumaker, 
Steele,  A.  B.;  Tibbetts,  Vedder,  Vogt,  Woodward,  President  —  67. 
Mr.  Becker  then  moved  that  the  report  of  the  Committee  of  the 
Whole  be  disagreed  to  and  that  said  proposed  amendment,  printed 
No.  431,  be  recommitted  to  the  Committee  on  Canals,  with 
instructions  to  report  said  amendment  forthwith,  amended  as 
follows  : 

Add  at  the  end  of  said  proposed  constitutional  amendment 
No.  431,  the  following: 

The  canals  of  the  State  may  be  improved  in  such  manner  as  shall 
be  provided  by  law,  and  the  Legislature  shall  have  the  power  to 
contract  debts  not  exceeding  eight  million  dollars  for  the  improve- 
ment of  the  canals,  which  shall  be  made  payable  at  such  time 
and  in  such  manner  as  the  Legislature  shall  direct.  The 
provisions  of  section  12  of  this  article  shall  not  apply  to  the  debts 
created  pursuant  to  the  provisions  of  this  section;  but,  before 
contracting  any  such  debt,  the  Legislature  shall  submit  to  the 
people,  at  any  general  election,  the  question  as  to  whether  the 
amount  of  money  proposed  by  the  Legislature  shall  be  expended 
for  such  improvement,  and,  if  such  expenditure  be  approved,  the 
money  arising  from  the  creation  of  such  debt  shall  be  applied  to 
such  improvement,  or  the  repayment  of  such  debt,  and  to  no  other 
purpose  whatever. 

Mr.  Hottenroth  moved  to  amend  said  motion  by  striking  out  the 
word  "  shall  "  and  insert  in  lieu  thereof  the  word  "  may." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Hottenroth, 
find  it  was  decided  in  the  negative. 

Mr.  President  put  the  question  on  agreeing  to  said  report,  and 
it  was  determined  in  the  negative. 

On  motion  of  Mr.  Lauterbach,  the  amendments  substantially 
agreed  to,  but  informally,  by  the  Committee  on  Charities,  to  the 
proposed  constitutional  amendment,  printed  No.  460,  entitled 
"  To  amend  article  5  of  the  Constitution,"  were  ordered  printed. 

Mr.  McClure  moved  that  the  Convention  adjourn,  and  it  was 
determined  in  the  affirmative. 

And,  at  10.40,  the  Convention  adjourned. 

37 


5T8  JOURNAL  OF  THE 

Tuesday,  September  11,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  A.  K.  Duff. 

The  question  being  on  approving  the  Journal  of  Monday,  Sep- 
tember tenth,  Mr.  Bush  called  for  the  reading  of  that  portion  of) 
the  Journal  relating  to  striking  the  name  of  Mr.  Koch  from  the 
roll  of  Delegates. 

Said  portion  of  the  Journal  being  read,  Mr.  Bush  offered  a 
resolution  in  words  following  : 

Eesolved,  That  the  name  of  Joseph  Koch,  a  Delegate  duly 
elected  to  this  Convention  from  the  Mnth  Senate  district,  be 
replaced  on  the  roll  of  Delegates  of  this  Convention. 

Mr.  Root  moved  to  amend  by  substituting  the  following: 
Resolved,    That  the  action  of  the  Secretary  in  striking  from 

the  roll,  under  the  direction  of  the  President,  the  name  of  Joseph 

Koch,  be  and  it  is  ratified  and  confirmed. 

And  on  that  motion  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root  for 
the  previous  question,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown,  E.  R.; 
Cady,  Church,  Clark,  G-.  W.;  Clark,  H.  A.;  Cookinhain,  Cornwell, 
Crosby,  Davies,  J.  C.;  Dean,  Deterling,  Dickey,  Durfee,  Floyd, 
Foote,  Francis,  Frank,  Andrew ;  Frank,  Augustus ;  Fuller,  C.  A. ; 
Fuller,  O.  A.;  Galinger,  Gilbert,  Goodelle,  Hamlin,  Hawley, 
Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Johnson,  I.  Sam, 
Johnson,  J.;  Kellogg,  Kinkel,  Kurth,  Lauterbach,  Lester,  Lewis, 
C.  H.;  Lincoln,  Lyon,  Manley,  Mantanye,  Marshall,  McArthur, 
McDonough,  Mclntyre,  McKinstry,  McLanghlin,  C.  B. ;  McMillan, 
Mereness,  _Moore,  Morton,  Mchols,  W.  H.;  Nostrand,  O'Brien, 
Parker,  Parkhurst,  Pashley,  Phipps,  Porter,  Powell,  Pratt,  Put- 
nam, Redman,  Root,  Schumaker,  Smith,  Spencer,  Springweiler, 
Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tekulsky, 
Tibbetts,  Turner,  Veeder,  Vogt,  Wellington,  Whitmyer,  Wiggins, 
Woodward  —  92. 


CONSTITUTIONAL  CONVENTION.  579 

Noes  —  Messrs.  Banks,  Barhite,  Blake,  Bowers,  Bush,  Campbell, 
Chipp,  Jr. ;  Cochran,  Coleman,  Danf orth,  Davenport,  Deady,  Deyo, 
Emmet,  Forbes,  Griegerich,  Goeller,  Green,  A.  H.;  Green,  J.  I.; 
Holcomb,  Hotchkiss,  Hottenroth,  Jenks,  Kerwin,  Kimmey, 
Maybee,  McClure,  McCurdy,  Meyenborg,  Mul queen,  Nicoll,  De  L.; 
Ohmeis,  Osborn,  Parmenter,  Peabody,  Peck,  Roche,  Rogers, 
Rowley,  Sandford,  Sullivan,  W.;  Titus,  Truax,  C.  H.;  Tucker, 
Veeder,  Williams  —  46. 

Mr.  President  put  the  question  on  the  substitute  offered  by 
Mr.  Root,  and  it  was  determined  in  the  affirmative. 

The  Journal  of  Monday,  September  tenth,  was  then  approved. 

Mr.  Root  offered  a  resolution  in  words  following: 

Resolved,    That  henceforth  no  call  for  the  ayes  and  noes  be 

allowed,  except  upon  the  final  passage  of  proposed  constitutional 

amendments. 
Referred  to  the  Committee  on  Rules. 

The  last  Record  appearing  on  the  files  of  members  to-day,  is 
of  date  August  twenty-fourth. 

On  motion  of  Mr.  Cady,  the  vote  by  which  the  report  of  the 
Committee  of  the  Whole  on  the  canal  amendments  was  disagreed 

to  last  evening  was  reconsidered. 

• 
On  motion  of  Mr.  Veeder,  the  report  of  the  Committee  of  the 

Whole  on  said  amendments  was  disagreed  to,  and  said  amend- 
ments were  recommitted  to  the  Committee  on  Canals,  with  power 
to  report  at  any  time,  retaining  their  places  on  the  Calendar. 

Mr.  Lincoln  moved  that  the  proposed  constitutional  amend- 
ment, printed  No.  454,  entitled  "To  amend  article  3,  relating  to 
the  apportionment  of  Senate  and  Assembly  districts,"  be  recalled 
from  the  Committee  on  Revision  and  Engrossment,  and  that  said 
amendment  be  recommitted  to  said  committee,  with  instructions 
to  report  the  same  forthwith  amended  as  follows: 

Strike  out  all  of  line  24,  page  14,  and  all  following  the  same 
to  and  including  line  12,  on  page  15,  and  substitute  therefor: 
u  One  member  of  Assembly  shall  be  apportioned  to  every  county 
(including  Fulton  and  Hamilton!  as  one  county),  containing  less 
than  the  ratio  and  one-half  over;  two  members  shall  be  appor- 
tioned to  every  other  county;  the  remaining  members  of  Assem- 


580  JOURNAL  OF  THE 

bly  shall  be  apportioned  to  the  counties  having  more  than  two 
ratios,  according  to  the  number  of  inhabitants,  excluding  aliens. 
Members  apportioned  on  remainders  shall  go  to  the  counties 
having  the  highest  remainders  in  the  order  thereof,  respectively. 
No  county  shall,  in  any  case,  have  more  members  of  Assembly 
than  a  county  having  a  greater  number  of  inhabitants." 

In  place  of  the  words  "An  additional  Senator,"  on  page  13, 
line  — ,  General  Order  No.  74,  and  the  first,  five  lines  on  page  14, 
insert  the  following :  "  Every  county  having  four  or  more  Senators 
shall  have  a  full  ratio  for  each  Senator.  No  county  shall  have 
more  than  one-third  of  all  the  Senators,  and  no  two  counties 
or  the  territory  thereof,  as  now  organized,  which  are  adjoining 
counties,  or  which  are  separated  only  by  public  waters,  shall 
have  more  than  one-half  of  all  the  Senators.  The  ratio  for 
apportioning  Senators  shall  always  be  obtained  by  dividing  the 
number  of  inhabitants,  excluding  aliens,  by  fifty;  and  the  Senate 
shall  always  be  composed  of  fifty  members,  except  that  of  any 
county  having  three  or  more  Senators  at  the  time  of  apportion- 
ment, shall  be  entitled  on  such  ratio  to  an  additional  Senator  or 
Senators,  such  additional  Senator  or  Senators  shall  be  given  to 
such  county  in  addition  to  the  fifty  Senators. 

And  on  his  motion  moved  the  previous  question. 

Mr.  Veeder  raised  the  point  of  order  that  this  proposition  is 
out  of  order,  for  the  reason  that  the  matter  is  not  before  the 
Convention.  It  is  in  the  hands  of  the  Committee  on  Revision, 
who  have  no  power  to  make  any  alteration  of  any  proposition, 
except  so  far  as  the  grammar  is  concerned,  or  the  felicity  oi 
expression.  But  anything  that  is  new  matter,  or  in  any  way 
makes  a  change,  except  as  I  have  stated,  cannot  be  considered 
at  this  time.  There  is  nothing  before  the  Convention  upon  this 
subject.  It  is  in  the  committee,  and  not  reported.  If  it  was  on 
the  order  of  third  reading,  it  might  be  considered  by  proper 
motion  under  the  rules,  but  as  it  stands  now,  no  motion  can  be 
made  upon  the  subject. 

Mr.  President  ruled  the  point  of  order  as  not  well  taken. 

Mr.  Bush  raised  the  point  of  order,  that  this  Convention  can- 
not consider  a  matter  in  another  order  of  business  until  that 
order  of  business  is  reached. 

Mr.  President  ruled  the  point  of  order  as  not  well  taken. 


CONSTITUTIONAL  CONVENTION.  581 

Mr.  Veeder  raised  the  point  of  order  that  the  rules  of  this 
Convention,  under  the  order  of  business,  require  us  now  to  pro- 
ceed to  the  third  reading  of  bills. 

Mr.  President  ruled  the  point  of  order  as  not  well  taken. 

Mr.  Peck  raised  the  point  of  order  that  this  is  a  resolution  in 
form,  and  under  the  rules  of  the  Convention  must  go  to  the 
proper  committee  and  be  reported. 

Mr.  President  ruled  the  point  of  order  as  not  well  taken. 

Mr.  Bowers  —  Mr.  President,  I  have  demanded  the  ayes  and 
noes,  of  which  right  we  are  not  yet  deprived. 

Mr.  Bowers'  call  for  the  ayes  and  noes  was  sustained. 

Mr.  Veeder  —  Mr.  President,  I  appeal  to  you  to  look  at  Rule 
3  in  the  order  of  business. 

Mr.  President  —  The  chair  has  disposed  of  the  point  of  order 
of  Mr.  Veeder.  The  question  is  on  Mr.  Lincoln's  motion  to 
recall  the  apportionment  amendment  from  the  Committee  on 
Revision,  to  recommit  it  to  the  Committee  on  Legislative  Organiza- 
tion and.  Apportionment,  with  instructions  to  amend  as  he  has 
stated.  The  yeas  and  nays  are  called  for,  and  gentlemen  as  their 
names  are  called,  in  favor  of  Mr.  Lincoln's  motion,  will  say  aye, 
and  those  opposed  will  say  no. 

The  Secretary  proceeded  to  call  the  roll. 

Mr.  Bowers  —  Mr.  President,  I  desire  to  explain  1113-  vote.  I 
regard  this  application  of  the  previous  question 

Mr.  President  —  This  is  not  on  the  previous  question.  We  are 
voting  upon  Mr.  Lincoln's  motion. 

Mr.  Bowers  —  I  beg  your  pardon. 

Mr.  President  —  The  Chair  expressly  stated  the  question  to  be 
on  Mr.  Lincoln's  motion. 

Mr.  Bowers  —  The  Chair  may  state  questions  improperly,  but 
that  does  not  prevent  the  members  of  the  Convention  from 
having  the  right  to  have  them  presented  properly.  The  yeas 
and  nays  have  not  been  called,  except  upon  the  previous  question 
on  Mr.  Lincoln's  motion.  As  it  stands  now,  it  is  debatable,  and 
we  will  proceed  to  debate  the  whole  question. 

Mr.  President  —  The  previous  question  was  not  moved  by  any- 
body recognized  by  the  Chair. 


582  JOURNAL  OF  THE 

Mr.  Bowers  —  Then,  Mr.  President,  I  make  the  point  of  order 
that  the  matter  is  open  for  debate. 

Mr.  President  —  It  is  too  late  to  debate  after  the  call  has 
been  entered  upon.  The  Secretary  will  proceed  with  the  call. 
The  gentleman  may  explain  his  vote. 

Mr.  Gochran  —  Mr.  President,  we  called  for  the  ayes  and  noes 
on  the  previous  question. 

Mr.  President  —  There  was  no  person  recognized  who  made 
any  call  for  the  previous  question. 

Mr.  Cochran  —  Mr.  President,  I  submit  that  Mr.  Lincoln  made 
a  motion,  and  upon  that  motion  moved  the  previous  question. 

Mr.  President  —  Is  Mr.  Lincoln  present?  Did  Mr.  Lincoln 
move  the  previous  question  upon  his  motion  ? 

Mr.  Lincoln  —  I  moved  the  previous  question  at  the  close  of 
my  resolution,  Mr.  President* 

Mr.  President  —  Then  this  call  is  upon  the  previous  question. 
The  Chair  did  not  hear  it. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Lincoln, 
for  the  previous  question,  and  it  was  determined  in  the 
affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Barnurn,  Barrow,  Becker,  Brown,  E.  R.;  Cady,  Carter, 
Cassidy,  Church,  Clark,  GL  W.;  Clark,  H.  A.;  Cookinham,  Corn- 
well,  Crosby,  Davies,  J.  C. ;  Davis,  G.  A. ;  Dean,  Deterling,  Dickey, 
Floyd,  Foote,  Francis,  Frank,  Andrew ;  Frank,  Augustus ;  Fraser, 
Fuller,  C.  A. ;  Fuller,  O.  A. ;  Galinger,  Goodelle,  Hamlin,  Hawley, 
Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Johnson,  I.  Sam;  John- 
son, J.;  Johnston,  R.  M.;  Kellogg,  Kinkel,  Kurth,  Lauterbacli, 
Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon,  Manley,  Man- 
tanye,  Marshall,  McArthur,  McDonough,  Mclntyre,  McKinstry, 
McLaughlin,  C.  B.;  McMillan,  Moore,  Morton,  Mchols,  W.  H.; 
Nostrand,  O'Brien,  Parker,  Parkhurst,  Pashley,  Phipps,  Pool, 
Porter,  Powell,  Pratt,  Putnam,  Redman,  Root,  Spencer,  Storm, 
Sullivan,  T.  A.;  Tibbetts,  Turner,  Vedder,  Vogt,  Wellington, 
Whitmyer,  Wiggins,  Woodward,  President  —  89. 

Noes — Messrs.  Banks,  Blake,  Bowers,  Burr,  Bush,  Campbell, 
Chipp,  Jr.;  Cochran,  Danforth,  Davenport,  Deady,  Deyo,  Durfee, 
Emmet,  Farrell,  Forbes,  Gibney,  Giegerich,  Gilleran,  Goeller, 


CONSTITUTIONAL  CONVENTION.  583 

Green,  A.  H.;  Green,  J.  I.;  Holcomb,  Hotchkiss,  Hottenroth, 
Jenks,  Kerwin,  Kimmey,  Marks,  Maybee,  McClure,  McCurdy, 
Meyenborg,  Mulqueen,  Nicoll,  De  L.;  Ohmeis,  Osborn,  Parmenter, 
Peabody,  Peck,  Platzek,  Roche,  Rogers,  Rowley,  Sandford, 
Schumaker,  Smith,  Sullivan,  W.;  Tekulsky,  Titus,  Towns,  Truax, 
C.  H.;  Tucker,  Veeder,  Williams  —  55. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Lincoln, 
and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Barhite,  Barnuni,  Barrow,  Becker,  Brown,  E.  A.;  Brown, 
E.  R.;  Cady,  Carter,  Church,  Clark,  G.  W.;  Coleman,  Cookinham, 
Cornwell,  Crosby,  Davies,  J.  C.;  Davis,  G.  A.;  Dean,  Deterling, 
Dickey,  Durfee,  Floyd,  Foote,  Francis,  Frank,  Andrew;  Frank, 
Augustus;  Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gilbert, 
Goodelle,  Hawley,  Keeker,  Hedges,  Hill,  Hirschberg,  M.  II.;  II oils, 
Johnson,  I.  Sam;  Johnson,  J.;  Kellogg,  Kinkel,  Kurth,  Laviterbach, 
Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon,  Manley,  Man- 
tanye,  Marshall,  McArthur,  McDonough,  Mclntyre,  McKinstry, 
McLaughlin,  C.  B.;  McMillan,  Moore,  Morton,  Nichols,  W.  H.; 
Nostrand,  O'Brien,  Parker,  Parkhurst,  Pashley,  Phipps,  Pool, 
Porter,  Powell,  Pratt,  Putnam,  Redman,  Root,  Spencer,  Sprlng- 
weiler,  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts,  Turner, 
Tedder,  Vogt,  Wellington,  WTiggins,  Woodward,  President  —  90. 

Noes  —  Messrs.  Banks,  Blake,  Bowers,  Burr,  Chipp,  Jr. ;  Coch- 
ran,  Danforth,  Davenport,  Deady,  Deyo,  Emmet,  Farrell,  Gibney, 
Giegerich,  Gilleran,  Goeller,  Green,  A.  H.;  Green,  J.  I.;  Holcomb, 
Hottenroth,  Jenks,  Kerwin,  Kimmey,  Marks,  Maybee,  McClure, 
McCurdy,  Meyenborg,  Mulqueen,  Nicoll,  DeL.;  Ohmeis,  Osborn, 
Parmenter,  Peabody,  Peck,  Platzek,  Roche,  Rogers,  Rowley,  Sand- 
ford,  Schumaker,  Smith,  Speer,  Sullivan,  W.;  Titus,  Towns,  Truax, 
C.  H.;  Tucker,  Veeder,  Williams  — 51. 

When  the  name  of  Mr.  Forbes  was  called,  he  asked  to  be  and 
was  excused  from  voting, 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
reported  said  amendment  as  directed  by  the  Convention. 

On  motion  of  Mr.  Root,  said  amendment  was  then  referred 
back  to  the  Committee  on  Revision  and  Engrossment. 


584  JOURNAL  OF  THE 

Mr.  Dickey  offered  a  resolution  in  words  following: 
Resolved,  That  the  Committee  on  Revision  be  discharged  from 
the  further  consideration  of  amendment  (General  Orders,  No.  45), 
and  that  such  amendment  be  recommitted  to  the  Judiciary 
Committee,  with  instructions  to  amend  it  and  forthwith  report 
it,  retaining  its  place  on  order  of  third  reading,  by  amending 
section  7  by  adding  to  the  end  thereof  the  following: 
"  Whenever,  and  as  often  as  there  shall  be  an  accumulation  of 
causes  on  the  calendar  of  the  Court  of  Appeals,  that  the  public 
interests  require  a  more  speedy  disposition  thereof,  the  said 
court  may  certify  such  fact  to  the  Governor,  who  shall  thereupon 
designate  seven  judges  of  the  Supreme  Court  to  act  as  associate 
judges  for  the  time  being  of  the  Court  of  Appeals,  and  to  form 
a  Second  Division  of  said  court,  and  who  shall  act  as  such  until 
all  the  causes  on  the  said  calendar  at  the  time  of  the  making  of 
such  certificates  are  determined,  or  the  judges  of  said  court, 
elected  as  such,  shall  certify  to  the  Governor  that  said  causes  are 
substantially  disposed  of,  and  on  receiving  such  certificate,  the 
Governor  may  declare  such  division  dissolved,  and  the  designa- 
tion of  justices  to  serve  thereon  shall  thereupon  expire.  The 
Second  Division  of  said  court  hereby  authorized  to  be  constituted 
shall  be  competent  to  determine  any  causes  on  said  calendar 
which  may  be  assigned  to  such  division  by  the  court,  composed 
of  judges  elected  to  serve  in  the  Court  of  Appeals,  and  that  court 
may  at  any  time  before  judgment  direct  any  of  the  causes  so 
assigned  to  be  restored  to  its  calendar  for  hearing  and  decision. 
The  rules  of  practice  in  both  divisions  shall  be  the  same.  Five 
members  of  the  court  shall  be  sufficient  to  form  a  quorum  for 
said  Second  Division,  and  the  concurrence  of  four  shall  be  neces- 
sary to  a  decision.  The  judges  composing  said  Second  Division 
shall  appoint  from  their  number  a  chief  judge  of  said  division, 
and  the  Governor  may,  from  time  to  time,  when  in  his  judgment 
the  public  interests  may  require,  change  the  designation  of  any 
justice  of  the  Supreme  Court  to  serve  in  such  division,  and  may 
fill  any  vacancy  occurring  therein  by  designating  any  justice  of 
the  Supreme  Court  to  fill  such  vacancy.  Said  Second  Division 
may  appoint  and  remove  a  crier  and  such  attendants  as  may  be 
necessary.  The  judges  composing  said  Second  Division  shall  not, 
during  the  time  of  their  service  therein,  exercise  any  of  the 


CONSTITUTIONAL  CONVENTION.  585 

functions  of  justices  of  the  Supreme  Court,  nor  receive  any  salary 
or  compensation  as  such  justices,  but  in  lieu  thereof  shall,  during 
such  term  of  service,  receive  the  same  compensation  as  the 
associate  judges  of  the  Court  of  Appeals.  They  shall  have  power 
to  appoint  the  times  and  places  of  their  sessions  within  this 
State,  and  the  clerk  and  reporter  of  the  Court  of  Appeals  shall 
be  the  clerk  and  reporter  of  said  Second  Division. 

And  also  amend  section  9,  so  as  to  strike  out  the  words 
"  make  the  right  of  appeal  depend  upon  the  amount  involved," 
and  insert  instead  thereof,  "  increase  the  amount  or  value  upon 
which  the  right  to  appeal  is  now  limited  by  law,"  so  section 
shall  read  : 

Sec.  9.  After  the  last  day  of  December,  1895,  the  juris- 
diction of  the  Court  of  Appeals  (except  where  the  judgment  is 
of  death)  shall  be  limited  to  the  review  of  questions  of  law. 
No  unanimous  decision  of  the  appellate  division  of  the  Supreme 
Court  that  there  is  evidence  supporting  or  tending  to  sustain  a 
finding  of  fact  or  a  verdict  not  directed  by  the  court,  shall  be 
reviewed  by  the  Court  of  Appeals.  Except  where  the  judgment 
is  of  death,  appeals  shall  be  taken  to  said  court  only  from 
judgments  or  orders  entered  upon  decisions  of  the  appellate 
division  of  the  Supreme  Court,  finally  determining  actions  or 
special  proceedings,  and  from  orders  granting  new  trials  on 
exceptions,  where  the  appellants  stipulate  that  upon  affirmance, 
judgment  absolute  shall  be  rendered  against  them. 

The  appellate  division  in  any  department  may  allow  an 
appeal  in  any  case  which,  in  its  opinion,  involves  a  question  of 
law  which  ought  to  be  reviewed  by  the  Court  of  Appeals. 

The  Legislature  may  further  restrict  the  judgment  of  the 
Court  of  Appeals,  and  the  right  to  appeal  thereto,  but  it  shall 
never  increase  the  amount  or  value  upon  which  the  right  to 
appeal  is  now  limited  by  law. 

Mr.  Bowers  moved  to  further  instruct  said  committee  to 
amend  as  follows: 

Section  7,  line  2,  after  word  "office,"  insert  the  words  "and 
of  two  additional  justices."1 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Bowers, 
and  it  was  determined  in  the  negative. 


586  JOURNAL  OF  THE 

Mr.  Dickey  moved  that  the  amendment  offered  by  him  be  laid 
on  the  table  and  ordered  printed. 

Mr.  President  put  the  question,  on  the  motion  of  Mr.  Dickey, 
and  it  was  determined  in  the  affirmative. 

Mr.  Burr  offered  a  resolution  in  words  following: 

Whereas,  There  are  several  amendments  now  on  General 
Orders,  which  it  is  of  great  importance  should  be  considered 
and  disposed  of  by  the  Convention  before  its  adjournment,  con- 
templating, as  they  do,  great  good  to  the  people  of  the  State,  as 
follows:  Prohibiting  the  formation  of  trusts  or  combinations, 
making  taxation  equal  and  uniform,  providing  that  employers 
shall  not  be  relieved  from  liability  for  injuries  sustained  by  an 
employe  through  the  negligence  of  another,  providing  for  the 
suppression  of  gambling,  providing  for  the  establishment  of 
State  Board  of  Arbitration  between  employers  and  employes, 
preventing  the  grant  of  franchises  in  city  streets  without  local 
consent,  and  preventing  discrimination  in  rates  or  charges,  either 
by  railroad,  telegraph  or  telephone  companies;  therefore,  be  it 

Kesolved,  That  this  committee  remain  in  continuous  session 
until  the  following  matters  have  been  disposed  of  in  the  order 
here  stated,  the  said  matters  to  be  taken  up  for  consideration 
immediately  after  the  completion  of  the  business  on  the  third 
order  of  reading  set  down  for  this  day:  General  Order,  No.  27, 
relating  to  the  prohibition  of  trusts  and  combinations;  General 
Order,  No.  62,  relating  to  taxation ;  General  Order,  No.  69,  relative 
to  the  liability  of  employers  for  injuries  to  employes;  General 
Order,  No.  48,  relative  to  the  suppression  of  gambling;  General 
Order  No.  46,  to  establish  Boards  of  Arbitration;  General  Order, 
No.  68,  relating  to  the  granting  of  franchises  in  city  streets; 
General  Order,  No.  71,  to  prevent  discrimination  in  rates  or 
charges,  either  by  railroad,  telegraph  or  telephone  companies; 
General  Order,  No.  49,  taking  private  property  for  public  use. 

Referred  to  the  Committee  on  Eules. 

Mr.  J.  Johnson  moved  to  take  from  the  table  the  resolution 
offered  by  him  in  words  following  : 

Eesolved,  That  the  Committee  on  Cities  are  directed  forthwith 
to  report,  complete,  as  a  substitute  for  sections  5  and  6  of  General 
Order  No.  13,  and  as  additional  sections  to  article  8,  a  proposed 
consitutional  amendment,  as  follows: 


CONSTITUTIONAL  CONVENTION.  587 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Eight  of  the  Constitution  by  the  Addition  of 

New  Section. 

• 
T  lie  Delegates  of  the  People  of  the  State  of  New    York,  in 

Convention  assembled,  do  propose  as  follows : 

Section  — .  All  cities  are  classified  according  to  the  latest 
State  enumeration,  as  from  time  to  time  made,  as  follows:  The 
first  class  includes  all  cities  having  a  population  of  two  hundred 
and  fifty  thousand,  or  more;  the  second  class,  all  cities  having  a 
population  of  fifty  thousand  and  less  than  two  hundred  and  fifty 
thousand;  the  third  class,  all  other  cities..  Laws  relating  to  the 
property,  affairs  or  government  of  cities,  and  the  several  depart- 
ments thereof,  are  divided  into  general  and  special  city  laws; 
general  city  laws  are  those  which  relate  to  all  the  cities  of  one  or 
more  classes;  special  city  laws  are  those  which  relate  to  a  single 
city,  or  to  less  than  all  the  cities  of  a  class.  Special  city  laws 
shall  not  be  passed  except  in  conformity  with  the  provisions  of 
this  section.  After  any  bill  for  a  special  city  law,  relating  to  a 
city,  has  been  passed  by  both  branches  of  the  Legislature,  the 
house  in  which  it  originated  shall  immediately  transmit  a  cer- 
tified copy  thereof  to  the  mayor  of  such  city,  and  within  fifteen 
days  thereafter  the  mayor  shall  return  such  bill  to  the  house  from 
which  it  was  sent,  with  his  certificate  thereon,  stating  whether 
the  city  has  or  has  not  accepted  the  same. 

In  every  city  of  the  first  class,  the  mayor,  and  in  every  other 
city,  the  mayor  and  the  legislative  body  thereof,  concurrently, 
shall  act  for  such  city  as  to  such  bill;  but  the  Legislature  may 
provide  for  the  concurrence  of  the  legislative  body  in  cities  of  the 
first  class.  The  Legislature  shall  provide  for  a  public  notice  and 
opportunity  for  a  public  hearing  concerning  any  such  bill  in 
every  city  to  which  it  relates,  before  action  thereon.  Such  a  bill, 
if  it  relates  to  more  than  one  city,  shall  be  transmitted  to  the 
mayor  of  each  city  to  which  it  relates,  and  shall  not  be  deemed 
accepted,  unless  accepted,  as  here  provided,  by  every  such  city. 
Whenever  any  such  bill  is  accepted,  as  herein  provided,  it  shall 
be  subject,  as  are  other  bills,  to  the  action  of  the  Governor. 
Whenever  any  such  bill  is  returned  without  the  acceptance  of  the 


588  JOURNAL  OF  THE 

city  or  cities  to  which  it  relates,  or  is  not  returned  within  such 
fifteen  days,  it  may,  nevertheless,  again  be  passed  by  both 
branches  of  the  Legislature,  and  it  shall  then  be  subject,  as  are 
other  bills,  to  the  action  of  the  Governor.  In  every  special  city 
law  which  has  been  accepted  by  the  city  or  cities  to  which  it 
relates,  the  title  shall  be  followed  by  the  words  "  accepted  by  the 
city,"  or  "cities,"  as  the  case  may  be;  in  every  such  law  which  is 
passed  without  such  acceptance,  by  the  words  "passed  without 
the  acceptance  of  the  city,"  or  "  cities,'7  as  the  case  may  be. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  J.  Johnson 
to  take  from  the  table,  and  it  was  determined  in  the  affirmative. 

The  question  then  being  put  on  the  adoption  of  said  resolution, 
Mr.  President  ruled  the  same  out  of  order,  for  the  reason  that 
the  sections  mentioned  were  not  in  existence,  having  been 
stricken  out  by  orders  of  the  Convention,  and,  therefore,  no  sub- 
stitute would  or  could  be  in  order. 

Mr.  Cookinham  moved  to  take  from  the  table  the  proposed 
constitutional  amendment,  previously  ordered  to  a  third  reading, 
as  follows:  • 

Printed  No.  339,  introductory  No.  6,  "  To  amend  article  10,  to 
do  away  with  the  office  of  coroner  as  a  constitutional  office ; " 
printed  No.  365,  introductory  No.  73,  "To  amend  section  15  of 
article  3,  relating  to  passage  of  bills;"  printed  No.  368,  introduc- 
tory No.  269,  "  To  amend  section  7  of  article  4." 

Mr.  Presiden  put  the  question  on  the  motion  of  Mr.  Cookinham, 
and  it  was  determined  in  the  affirmative. 

Mr.  Cookinham  moved  that  the  Convention  now  proceed  to  the 
order  of  third  reading. 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Whereupon  the  proposed  constitutional  amendment,  printed 
No.  339,  in  words  following: 


CONSTITUTIONAL  CONVENTION.  589 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Ten  of  the  Constitution  to  Do  Away  With  the 
Office  of  Coroner  as  a  Constitutional  Office. 

The  Delegates  of  the  People  of  the  State  of  New    York,  in 

Convention  awcmMed.  do  propose  as  follows : 

Section  1  of  article  10  is  hereby  amended  so  as  to  read  as 
follows: 

Section  1.  Sheriffs,  clerks  of  counties,  including  the  register  and 
clerk  of  the  city  and  county  of  New  York,  and  district  attorneys, 
shall  be  chosen,  by  the  electors  of  the  respective  counties,  once  in 
every  three  years  and  as  often  as  vacancies  shall  happen.  Sheriffs 
shall  hold  no  other  office,  and  be  ineligible  for  the  next  three  years 
after  the  termination  of  their  offices.  They  may  be  required  by 
law  to  renew  their  security,  from  time  to  time;  and  in  default  of 
giving  such  new  security,  their  offices  shall  be  deemed  vacant.  But 
the  county  shall  never  be  made  responsible  for  the  acts  of  the 
Sheriff;  The  Governor  may  remove  any  officer,  in  this  section 
mentioned,  within  the  term  for  which  he  shall  have  been  elected; 
giving  to  such  officer  a  copy  of  the  charges  against  him,  and  an 
opportunity  of  being  heard  in  his  defense. 

Was  announced  for  third  reading. 

Mr.  Mantanye  moved  to  recommit  said  amendment  to  the 
Committee  on  County,  Town  and  Village  Officers,  with  instruc- 
tions to  report  forthwith,  amended  so  as  to  read  as  follows: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  One  of  Article  Ten  of  the  Constitution  in 
Relation  to  the  Election  and  Tenure  of  Office  of  Sheriffs  and 
Other  County  Officers. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

Section  1  of  article  10  of  the  Constitution  is  hereby  amended 
so  as  to  read  as  follows: 

ARTICLE   X. 

Section  1.  Sheriffs,  clerks  of  counties,  including  the  register 
and  clerk  of  the  city  and  county  of  New  York,  and  district 


590  JOURNAL  OF  THE 

attorneys,  shall  be  chosen  by  the  electors  of  the  respective 
counties  once  in  every  three  years,  and  as  often  as  vacancies 
shall  occur.  But,  by  a  general  law,  it  shall  be  provided  that 
boards  of  supervisors  of  counties,  or  the  common  council  of  a  city, 
whose  boundaries  are  the  same  as  those  of  a  county,  may,  by  a 
two-thirds  vote  of  all  members  elected,  change  the  term  of  said 
officers  to  iwo  or  four  years,  and  provided  that  they  be  elected 
in  years  of  an  odd  number,  and  when  a  vacancy  occurs  it  shall 
be  filled  for  the  unexpired  term.  Sheriffs  shall  hold  no  other 
office,  and  sheriffs  shall  be  ineligible  to  the  same  office  for  the 
next  three  years  after  the  termination  of  their  offices.  They 
may  be  required  by  law  to  renew  their  security  from  time  to 
time,  and  in  default  of  giving  such  new  security,  when  ordered, 
their  offices  shall  be  vacant.  The  county  shall  never  be  made 
responsible  for  the  acts  of  the  sheriff.  The  Governor  may  remove 
any  officer  in  this  section  mentioned  within  the  term  for  which 
he  shall  have  been  elected,  giving  to  such  officer  a  copy  of  the 
charges  against  him  and  an  opportunity  to  be  heard  in  his 
defense. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mantanye 
to  recommit,  and  it  was  determinedl  in  the  negative. 

Mr.  Tibbetts  moved  to  recommit  to  the  Committee  reporting  it, 
with  instructions  to  report  the  same  forthwith  amended,  as 
follows: 

After  the  word  "  office,"  in  line  7,  strike  out  "  and  shall  be 
ineligible  for  the  next  three  years  after  the  termination  of  their 
offices."' 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Tibbetts 
to  recommit,  and  it  was  determined  in  the  negative. 

Mr.  J.  Johnson  moved  to  recommit  said  amendment  to  the  com- 
mittee reporting  it,  with  instructions  to  report  the  same  forth- 
with amended,  as  follows; 

And  at  the  end  thereof  the  following  :  "  The  Legislature 
may  by  general  law  devolve  on  the  boards  of  supervisors  of 
counties  other  than  the  counties  of  New  York  and  Kings,  and 
any  county,  the  boundaries  of  which  are  the  same  as  a  city,  the 
power  to  make  the  terms  of  office  of  the  officers  in  this  section 
named  at  two  or  four  years." 


CONSTITUTIONAL  CONVENTION.  591 

Mr.  President  put  the  question  on  the  motion  of  Mr.  J.  Johnson 
to  recommit,  and  it  was  determined  in  the  negative. 

Said  proposed  constitutional  amendment  was  then  read  the 
third  time  and  passed,  a  majority  of  all  the  Delegates  elected  to 
the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Banks,  Barhite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.; 
Brown,  E.  R.;  Cady,  Carter,  Cassidy,  Chipp,  Jr.;  Church,  Clark, 
G.  W. ;  Clark,  H.  A.;  Cookinham,  Cornwell,  Crosby,  Davenport, 
Davies,  J.  C. ;  Davis,  G.  A. ;  Deady,  Deyo,  Dickey,  Durf ee,  Emmet, 
Floyd,  Foote,  Forbes,  Francis,  Frank,  Andrew ;  Frank,  Augustus ; 
Fuller,  C.  A.;  Galinger,  Gilbert,  Goodelle,  Green,  A.  H.;  Hamlin, 
Hawley,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Hotchkiss,  John- 
son, I.  Sam ;  Johnson,  J. ;  Johnston,  R.  M.;  Kimmey,  Kurth,  Kinkel, 
Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Manley, 
Marshall,  Maybee,  McDonough,  Mclntyre,  McKinstry,  McLaugh- 
lin,  C.  B.;  McMillan,  Morton,  Nichols,  W.  H.;  Nicoll,  De  L  ; 
Nostrand,  O'Brien,  Parker,  Parkhurst,  Phipps,  Platzek,  Pool, 
Powell,  Pratt.  Putnam,  Redman,  Rocho,  Root,  Rowley,  Spencer, 
Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts, 
Vedder,  Vogt,  Wellington,  Wiggins,  Woodward,  President  —  97. 

Noes  —  Messrs.  Blake,  Bowers,  Burr,  Bush,  Cochran,  Coleman, 
Danforth,  Dean,  Deterling,  Fuller,  O.  A.;  Giegerich,  Gilleran, 
Goeller,  Green,  J.  I.;  Hecker,  Holcomb,  Hottenroth,  Jenks,  Kel- 
logg, Kerwin,  Lyon,  Mantanye,  Marks,  McClure,  McCurdy, 
Mereness,  Meyenborg,  Moore,  Mulqueen,  Ohmeis,  Parmenter, 
Peabody,  Schumaker,  Spoer,  Springweiler,  Titus,  Towns,  Truax, 
C.  H.;  Veeder,  Williams  — 40. 

The  hour  of  one  o'clock  having  arrived,  the  Convention  took 
a  recess  until  three  o'clock. 


592  JOURNAL  OF  THE 

AFTERNOON   SESSION. 

Three  o'clock  P.  M. 
The  Convention  again  met. 

The  proposed  constitutional  amendment,  printed  No.  365,  in 
words  following: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Section    Fifteen    of    Article   Three  so    as  to  Secure 
Greater  Publicity  and  Deliberation  in  the  Passage  of  all  Bills. 

The  Delegates  of  the  People  of  the  State  of  New    York,  in 

Convention   (ixwirinJprf*  do  pTopose  as  follows! 

Section  15  of  article  3  is  hereby  amended  to  read  as  follows: 
Sec.  15.  No  bill  shall  be  passed  or  become  a  law  unless  it 
shall  have  been  printed  and  upon  the  desks  of  the  members,  in 
its  final  form,  at  least  three  calendar  legislative  days  prior  to  its 
final  passage,  unless  the  Governor,  or  the  acting  Governor,  shall 
have  certified  to  the  necessity  of  its  immediate  passage,  under 
his  hand,  and  the  seal  of  the  State;  nor  shall  any  bill  be  passed 
or  become  a  law,  except  by  the  assent  of  a  majority  of  the 
members  elected  to  each  branch  of  the  Legislature ;  and  upon 
the  last  reading  of  a  bill,  no  amendment  thereof  shall  be  allowed, 
and  the  question  upon  its  final  passage  shall  be  taken  imme- 
diately thereafter,  and  the  yeas  and  nays  entered  on  the  Journal. 
Was  read  the  third  time  and  passed,  a  majority  of  all  the 
Delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Ackerly,  Arnold,  Baker,  Barnum, 
Barrow,  Brown,  E.  A.;  Brown,  E.  R.;  Burr,  Cady,  Campbell, 
Carter,  Cassidy,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coleman, 
Cookinham,  Cornwell,  Countryman,  Davenport,  Davies,  J.  C.; 
Deady,  Dean,  Deterling,  Deyo,  Dickey,  Durfee,  Emmet,  Farrell, 
Floyd,  Foote,  Forbes,  Frank,  Andrew ;  Fuller,  C.  A. ;  Fuller,  O.  A. ; 
Galinger,  Gibney,  Giegerich,  Gilbert,  Gilleran,  Green,  A.  H. ;  Ham- 
lin,  Hawley,  Hecker,  Hedges,  Hill,  Holls,  Johnson,  I.  Sam ;  John- 
son, J.;  Kellogg,  Kimmey,  Kinkel,  Kurth,  Lewis,  C.  H.;  Lincoln, 
Lyon,  Manley,  Mantanye,  Marks,  Maybee,  McArthur,  McClure, 
McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan, 
Mereness,  Moore,  Morton,  Nichols,  W.  H.;  Nostrand,  O'Brien, 


CONSTITUTIONAL  CONVENTION.  593 

Ohmeis,  Osborn,  Parker,  Parkhurst,  Parmenter,  Pashley,  Phipps, 
Pool,  Porter,  Powell,  Pratt,  Putnam,  Redman,  Roche,  Rogers, 
Root,  Rowley,  Stanford,  Schumaker,  Spencer,  Springweiler,  Steele, 
A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tekulsky,  Tibbetts, 
Titus,  Truax,  C.  H.;  Turner,  Vedder,  Vogt,  Wellington,  Whitmyer, 
Wiggins,  Williams,  Woodward,  President  —  113. 

Noes  —  Messrs.  Bigelow,  Chipp,  Jr.;  Cochran,  Holcomb, 
McCurdy,  Peck,  Towns,  Tucker,  Yeeder  —  9. 

P>y  vote  of  the  Convention  the  following  member  was  excused 
from  attendance,  as  follows:  Mr.  Durnin,  September  tenth  and 
eleventh. 

By  unanimous  consent  Mr.  Kurth  offered  a  resolution  in  words 
following: 

Whereas,  Thomas  Rochford  was,  on  the  22d  day  of  May,  1894, 
duly  appointed  a.  messenger  of  this  Convention,  and  duly  qualified 
and  entered  upon  his  duties  as  such. 

And,  whereas,  thereafter,  and  on  the  twenty-ninth  day  of  May, 
h<>  was  transferred  to  the  office  of  the  financial  secretary  of  the 
Convention,  and  therein  required  to  do  clerical  work  and  assist 
in  making  up  the  pay-rolls  and  receipts  of  the  Convention,  and 
as  well  as  perform  duties  as  messenger  in  said  office, 

Resolved,  That  said  Thomas  Rochford  be  and  hereby  is  entitled, 
since  the  twenty-ninth  day  of  May,  to  such  pay  as  is  commen- 
surate with  such  added  duties  and  work  required  and  performed 
by  him. 

Referred  to  the  Committee  on  Contingent  Expenses. 

•  Mr.    Holcomb  moved   that   the   ayes   and    noes   be   read,    as 
recorded,  at  the  close  of  each  roll  call. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Holcomb, 
and  it  was  determined  in  the  negative. 

The  proposed  constitutional  amendment,  printed  No.  368,  in 
words  following: 

38 


594  JOURNAL  OF  THE 

PROPOSED  CONSTITUTIONAL  AMENDMENT 
To  Amend  Section  Seven  of  Article  Four  of  the  Constitution. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows  : 

Section  7  of  article  4  of  the  Constitution  is  hereby 
amended  so  as  to  read  as  follows  : 

Sec.  7.  The  Lieutenant-Governor  shall  possess  the  same  qualifi- 
cations of  eligibility  for  office  as  the  Governor.  He  shall  be  Presi- 
dent of  the  Senate,  but  shall  have  only  a  casting  vote  therein.  If, 
during  a  vacancy  of  the  office  of  Governor,  the  Lieutenant-Governor 
shall  be  impeached,  displaced,  resign,  die,  or  become  incapable  of 
performing  the  duties  of  his  office,  or  be  absent  from  the  State,  the 
President  of  the  Senate  shall  act  as  Governor  until  the  vacancy  be 
filled,  or  the  disability  shall  cease ;  and  if  the  President  of  the 
Senate  for  any  of  the  above  causes  shall  become  incapable  of  per- 
forming the  duties  pertaining  to  the  office  of  Governor,  the  Speaker 
of  the  Assembly  shall  act  as  Governor  until  the  vacancy  be  filled  or 
the  disability  shall  cease. 

Being  announced  for  third  reading,  Mr.  Cochran  moved  that  said 
amendment  be  recommitted  to  the  Committe  on  Governor  and 
State  Officers,  with  instructions  to  report  the  same  forthwith, 
amended  as  follows : 

Strike  out  on  page  2,  lines  2  and  3,  the  words  "  Speaker  of  the 
Assembly,"  and  insert  "  Secretary  of  State." 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  negative. 

Said  proposed  constitutional  amendment  was  then  read  the 
third  time  and  passed,  a  majority  of  all  the  Delegates  elected 
to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Ackerly,  Allaben,  Arnold,  Baker,  Bar- 
num,  Barrow,  Becker,  Brown,  E.  A. ;  Brown,  E.  R. ;  Cady,  Carter, 
Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coleman,  Cookinham,  Corn- 
well,  Countryman,  Crosby,  Davies,  J.  C.;  Davis,  G.  A.;  Dean, 
Deterling,  Deyo,  Dickey,  Durfee,  Emmet,  Floyd,  Foote,  Francis, 
Frank,  Andrew ;  Frank,  Augustus :  Fuller,  C.  A. ;  Fuller,  O.  A. ; 
Galinger,  Gibney,  Gilbert,  Goodelle,  Hamlin,  Hawley,  Hecker, 


CONSTITUTIONAL  CONVENTION.  595 

Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Johnson,  I.  Sam;  John- 
son, J.;  Kellogg,  Kinkel,  Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.; 
Lewis,  M.  E. ;  Lincoln,  Lyon,  Manley,  Mantanye,  Marshall,  Me  Ar- 
thur, McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.; 
McMillan,  Mereness,  Moore,  Morton,  Nichols,  W.  H.;  Nostrand, 
O'Brien,  Parker,  Parkhurst,  Pashley,  Phipps,  Platzek,  Pool, 
Porter,  Powell,  Pratt,  Putnam,  Redman,  Koot,  Sandford,  Spencer, 
Springweiler,  Steele,  A.  B. ;  Steele,  W.  H. ;  Storm,  Sullivan,  T.  A. ; 
Tibbetts,  Turner,  Vedder,  Vogt,  Wellington,  Whitmyer,  Wiggins, 
Woodward,  President  — 100. 

Noes  —  Messrs.  Banks,  Blake,  Burr,  Campbell,  Cassidy,  Chipp, 
Jr.;  Cochran,  Danforth,  Davenport,  Deady,  Farrell,  Forbes, 
Giegerich,  Gilleran,  Green,  A.  H.;  Green,  J.  L;  Holcomb,  Hotch- 
kiss,  Hottenroth,  Kimmey,  Marks,  Maybee,  McClure,  McCurdy, 
Meyenborg,  Ohmeis,  Osborn,  Parmenter,  Peck,  Rowley,  Schu- 
inaker,  Titus,  Towns,  Truax,  C.  H.;  Tucker,  Veeder,  Wil- 
liams —  37. 

The  proposed  constitutional  amendment,  printed  No.  380,  in 
words  following: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  One  of  the  Constitution  as  to  Damages  for  the 
Loss  of  Human  Life. 

The  Delegates  of  the  People  of  the  State  of  New    York,  MI 

Convention  assembled^  do  propose  as  follows: 

Article  1  of  the  Constitution  is  hereby  amended  by  inserting 
the  following  as  a  new  section  : 

Sec.  19.  The  right  of  action  now  existing  to  recover  damages 
for  injuries  resulting  in  death,  shall  never  be  abrogated;  and  the 
amount  recoverable  shall  not  be  subject  to  any  statutory 
limitation. 

Being  announced  for  third  reading. 

Mr.  Tekulsky  moved  a  call  of  the  house. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Tekulsky, 
and  it  was  determined  in  the  negative. 

Said  proposed  constitutional  amendment  was  then  read  the 
third  time  and  passed,  a  majority  of  all  the  Delegates  elected  to 

ie  Convention  voting  in  favor  thereof. 


596  JOURNAL  OF  THE 

Ayes  —  Messrs.  Acker,  Ackerly,  Allaben,  Arnold,  Baker,  Banks, 
Barhite,  Blake,  Bowers,  Brown,  E.  R.;  Burr,  Cady,  Campbell, 
Carter,  Chipp,  Jr.;  Clark,  G.  W.;  Cochran,  Coleman,  G-ookinham, 
Countryman,  Crosby,  Davenport,  Davis,  G.  A.  Deady,  Dean,  Deter- 
ling,  Dickey,  Durfee,  Emmet,  Faber,  Farrell,  Floyd,  Forbes,  Frank, 
Andrew;  Fraser,  Fuller,  C.  A.;  Gibney,  Giegerich,  Gilbert,  Gil- 
leran,  Green,  A.  H. ;  Green,  J.  I. ;  Hedges,  Hill,  Hirschberg,  M.  H. ; 
Holls,  Hottenroth,  Jenks,  Johnson,  I.  Sam;  Kellogg,  Kimmey, 
Kinkel,  Kurth,  Lauterbach,  Lewis,  M.  E.;  Lincoln,  Manley,  Marks, 
Marshall,  Maybee,  McArthur,  McClure,  McDonough,  Mclntyre, 
McLaughlin,  C.  B.;  Meyenborg,  Moore,  Morton,  Nichols,  W.  H.; 
Nicoll,  De  L.;  Nostrand,  O'Brien,  Ohineis,  Osborn,  Parkhurst, 
Pashley,  Phipps,  Platzek,  Porter,  Powrell,  Pratt,  Putnam,  Redman, 
Roche,  Rogers,  Root,  Rowley,  Sandford,  Smith,  Spencer,  Spriug- 
weiler,  Steele,  A.  B.;  Storm,  Sullivan,  T.  A.;  Tekulsky,  Titus, 
Towns,  Truax,  C.  H.;  Tucker,  Turner,  Yedder,  Veeder,  Yogi, 
Wellington,  Whitmyer,  Wiggins,  Williams,  Woodwrard  —  107. 

Noes  —  Messrs.  Abbott,  Barnum,  Barrow,  Becker,  Bigelow, 
Brown,  E.  A.;  Cassidy,  Church,  Clark,  H.  A.;  Cornwell,  t)anforth, 
Davies,  J.  C.;  Foote,  Francis,  Frank,  Augustus;  Fuller,  O.  A.; 
Galinger,  Goeller,  Goodelle,  Hamlin,  Hawley,  Holcomb,  Hotch- 
kiss,  Johnson,  J. ;  Lester,  Lewis,  C.  H. ;  Lyon,  Mantanye,  McCurdy, 
McKinstry,  McMillan,  Mereness,  Parker,  Parmenter,  Peck,  Pool, 
Scbumaker,  Steele,' W.  H.;  Tibbetts,  President. —  40. 

The  proposed  constitutional  amendment,  printed  No.  382,  in 
words  following: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  Ten  of  Article  Three  of  the  Constitution. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows  : 

Section  10  of  article  3  of  the  Constitution  is  hereby  amended 
so  as  to  read  as  follows: 

Sec.  10.  A  majority  of  each  house  shall  constitute  a  quorum 
to  do  business.  Each  house  shall  determine  the  rules  of  its  own 
proceedings,  and  be  the  judge  of  the  elections,  returns  and  quali- 
fications of  its  own  members;  shall  choose  its  own  officers;  and 
the  Senate  shall  choose  a  temporary  President  to  preside  in  case 


CONSTITUTIONAL  CONVENTION.  597 

of  the  absence  or  impeachment  of  the  Lieu  tenant-Governor,  or 
when  he  shall  refuse  to  act  as  President,  or  shall  act  as  Governor. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Bilker,  Banks,  Barhite,  Barnuni,  Barrow,  Becker,  Brown,  E.  A.; 
Brown,  E.  R.;  Burr,  Cady,  Carter,  Church,  Clark,  H.  A.;  Colernau, 
Cornwell,  Da  vies,  J.  C.;  Davis,  G.  A.;  Deady,  Dean,  Deterling, 
Dickey,  Durfee,  Emmet,  Faber,  Floyd,  Foote,  Francis,  Frank, 
Andrew;  Frank,  Augustus;  Eraser,  Fuller,  C.  A.;  Fuller,  O.  A.; 
Galinger,  Gibney,  Gilbert,  Goeller,  Goodelle,  Green,  A.  H.;  Green, 
J.  I.;  Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.; 
Holls,  Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kellogg, 
Ivinkel,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln, 
Lyon,  Manley,  Mantanye,  Marshall,  Maybee,  McArthur,  McDon- 
ough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mere- 
ness,  Moore,  Morton,  Nichols,  W.  H.;  Nicoll,  De  L.;  Nostrand, 
O'Brien,  Osborn,  Parker,  Parkhurst,  Pashley,  Phipps,  Platzek, 
Pool,  Porter,  Powell,  Pratt,  Putnam,  Redman,  Roche,  Rogers, 
Root,  Rowley,  Sandford,  Schumaker,  Smith,  Spencer,  Spring- 
weiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.; 
Tekulsky,  Tibbetts,  Turner,  Vedder,  Vogt,  Wellington,  Whitmyer, 
Wiggins,  Woodward,  President  —  115. 

Noes  —  Messrs.  Blake,  Bowers,  Bush,  Campbell,  Chipp,  Jr.; 
Danforth,  Davenport,  Deyo,  Farrell,  Forbes,  Giegerich,  Gilleran, 
Holconib,  Hotchkiss,  Jenks,  Kerwin,  Kimmey,  Kurth,  Marks, 
McClure,  McCurdy,  Meyenborg,  Ohmeis,  Parmenter,  Peck,  Sulli- 
van, W.;  Titus,  Tucker,  Veeder,  Williams  — 29. 

When  the  name  of  Mr.  Countryman  was  called,  he  stated  that 
he  was  paired  with  Mr.  Cochran,  who,  if  present,  would  have 
voted  in  the  negative,  and  if  not  paired  he  would  vote  in  the 
affirmative. : 

On  motion  of  Mr.  Marshall  the  session  was  extended  to  six 
o'clock.  { 

The  Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

The  proposed  constitutional  amendment,  printed  No.  399  in 
words  following: 


598  JOURNAL  OF  THE 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  Three  of  Article  Two  of  the  Constitution  as 

to  the  Suffrage.  , 

T  he  Delegates  of  the  1'eoplv  of  the  ^tafo  of  JXew  York,  in 
Convention  assembled,  do  propose  as  follows: 

Section  3  of  article  2  of  the  Constitution  is  hereby  amended  so 
as  to  read  as  follows: 

Sec.  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a  residence,  by  reason  .of  his  presence  or 
absence,  while  employed  in  the  service  of  the  United  States;  nor 
while  engaged  in  the  navigation  of  the  waters  of  this  State,  or  of 
the  United  States,  or  of  the  high  seas;  nor  while  a  student  of 
any  seminary  of  learning;  nor  while  kept  at  any  alms-house,  or 
other  asylum,  or  institution  wholly  or  partly  supported  at  public 
expense  or  by  charity;  nor  while  confined  in  any  public  prison. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Acker ly,  Allaben,  Arnold, 
Baker,  Barhite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown, 
E.  R.;  Cady,  Carter,  Cassidy,  Church,  Clark,  G.  W.;  Clark,  H.  A.; 
Coleman,  Corn  well,  Countryman,  Crosby,  Davies,  J.  C.;  Davis, 
G.  A.;  Deterling,  Dickey,  Durfee,  Faber,  Floyd,  Foote,  Forbes, 
Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser,  Fuller,  C.  A.; 
Fuller,  O.  A.;  Galinger,  Gibney,  Gilbert,  Goodelle  Hamlin,  Haw- 
ley,  Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Johnson,  J.; 
Kellogg,  Kink  el,  Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis, 
M.  E.;  Lincoln,  Lyon,  Manley,  Mantanye,  Marshall,  McDonough, 
Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mereness, 
Moore,  Morton,  Nichols,  W.  H.;  Nostrand,  O'Brien,  Parker -,  Park- 
hurst,  Pashley,  Phipps,  Pool,  Porter,  Powell,  Pratt,  Putnam,  Red- 
man, Root,  Spencer,  Springweiler,  Steele,  A.  B.;  Steele,  W.  H.; 
Storm,  Sullivan,  T.  A.;  Turner,  Vedder,  Vogt,  Wellington,  Wig- 
gins, Woodward,  President  —  96. 

Noes  —  Messrs.  Banks,  Blake,  Bowers,  Burr,  Bush,  Campbell, 
Chipp,  Jr.;  Cochran,  Danforth,  Davenport,  Deady,  Dean,  Deyo, 
Emmet,  Farrell,  Giegerich,  Gilleran,  Goeller,  Green,  A.  H.;  Green, 
J.  I.;  Hottenroth,  Jenks,  Johnson,  I.  Sam;  Kerwin,  Kimmey, 


CONSTITUTIONAL  CONVENTION.  599 

Marks,  Maybee,  McArthur,  McClure,  McCurdy,  Meyenborg,  Nicoll, 
De  L. ;  Ohmeis,  Parmenter,  Peck,  Platzek,  Roche,  Rogers,  Rowley, 
Sandford,  Schumaker,  Smith,  Speer,  Sullivan,  W.;  Tekulsky,  Tib- 
betts,  Titus,  Towns,  Truax,  C.  H.;  Tucker,  Veeder,  Whitmyer, 
WUliams  —  53. 

The  proposed  constitutional  amendment,  printed  No.  399,  in 
words  following : 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  Seven  of  Article  Seven  of  the  Constitution, 
Entitled  "  Salt  Springs." 

The  Delegates  of  the  People  of  Ike  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows  : 

Section  7  of  article  7  of  the  present  Constitution  is  hereby 
abrogated. 

Was  read  the  third  time  and  passed,  a  majority  of  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Banks,  Barhite,  Barnum  Barrow,  Becker,  Brown,  E.  R.; 
Cady,  Carter,  Cassidy,  Chipp,  Jr.;  Church,  Clark,  G.  W.;  Clark, 
H.  A.;  Cornwell,  Countryman,  Crosby,  Davenport,  Davies,  J.  C.; 
Davis,  G.  A.;  Deterling,  Dickey,  Durfee,  Faber,  Floyd,  Foote, 
Forbes,  Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser,  Ful- 
ler, C.  A.;  Fuller,  O.  A.;  Gallinger,  Goodelle,  Green,  A.  H.;  Hamlin, 
Hawley,  Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  John- 
son, I.  Sam;  Johnson,  J.;  Kellogg,  Kurth,  Lauterbach,  Lester, 
Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon,  Manley,  Marshall, 
Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mereness, 
Nichols,  W.  H.;  Nostrand,  O'Brien,  Parker,  Parkhurst,  Pashley, 
Phipps,  Platzek,  Pool,  Pratt,  Putnam,  Redman,  Root,  Rowley, 
Spencer,  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tekulsky,  Tibbetts, 
Turner,  Vedder,  Vogt,  Wellington,  Whitmyer,  Wiggins,  Wood- 
ward, President  —  91. 

Noes  —  Messrs.  Bowers,  Brown,  E.  A.;  Burr,  Bush,  Campbell, 
Coleman,  Deady,  Dean,  Deyo,  Emmet,  Farrell,  Gilleran,  Goeller, 
Jenks,  Kerwin,  Klmmey,  Marks,  Me  Arthur,  Meyenborg,  Moore, 
Morton,  Nicoll,  De  L.;  Ohmeis,  Parmenter,  Peck,  Powell,  Roche, 
Rogers,  Schumaker,  Speer,  Springweiler,  Sullivan,  W.;  Titus, 
Truax,  C.  H.;  Veeder,  Williams  — 36. 


600  JOURNAL  OF  THE 

By  unanimous  consent,  Mr.  Root  offered  a  resolution  in  words 
following : 

Resolved,  That  the  Committee  on  Privileges  and  Elections,  to 
whom  was  referred  the  resolution  on  page  493  of  the  Convention 
Journal,  August  15,  1894,  be  and  the  same  are  hereby  discharged 
from  the  further  consideration  thereof;  and  be  it  further 

Resolved,  That  the  sitting  Delegates  of  the  Sixth  Senatorial 
district,  Messrs.  John  C.  Kinkel,  Charles  J.  Kurth,  Charles  L. 
Pashley,  Wm.  Deterling  and  J.  Lott  Nostrand,  be  and  they  are 
hereby  entitled  to  the  mileage  provided  by  law  and  to  the  per 
diem  allowance  of  ten  dollars  for  every  day  during  the  period 
from  May  8,  1894,  to  and  including  August  2,  1894,  and  that  the 
payment  thereof  out  of  the  fund  appropriated  for  the  expenses 
of  the  Convention,  be  and  the  same  is  hereby  authorized  and 
directed. 

Mr.  Powell  moved  that  the  Convention  entertain  the  resolution 
at  this  time. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  A.  H.  Green  moved  that  the  resolution  be  laid  on  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  said  resolution  offered  by  Mr. 
Root,  and  it  was  determined  in  the  affirmative. 

•  By  unanimous  consent,  Mr.  Root  offered  a  resolution  in  words 
following : 

Resolved,  That  Messrs.  Thomas  A.  Sullivan  and  Harvey  W. 
Putnam,  two  of  the  sitting  Delegates  from  the  Thirtieth  Senator- 
ial district,  be  and  they  are  hereby  entitled  to  the  mileage  pro- 
vided by  law,  and  to  the  per  diem  allowance!  of  ten  dollars  for 
every  day  during  the  period  from  May  8,  1894,  to  and  including 
June  28,  1894,  and  that  the  payment  thereof  out  of  the  fund 
appropriated  for  the  expenses  of  the  Convention,  be  and  it  hereby 
is  authorized  and  directed. 

Mr.  President  put  the  question  on  said  resolution  offered  by 
Mr.  Root,  and  it  was  determined  in  the  affirmative. 

The  hour  of  six  o'clock  having  arrived,  the  Convention  took  a 
recess  until  eight  o'clock. 


CONSTITUTIONAL  CONVENTION.  601 

EVENING    SESSION. 

Eight  o'clock,  P.  M. 
The  Convention  again  met. 

Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

Mr.  Goodelle  raised  the  point  of  order  that  no  .quorum  was 
present. 

The  President  directed  the  Secretary  to  call  the  roll  when  the 
following  Delegates  answered  to  the  call  of  their  names: 

Messrs.  Abbott,  Ackerly,  Arnold,  Baker,  Banks,  Barhite,  Bar- 
imin,  Barrow,  Bigelow,  Blake,  Brown,  E.  A.;  Brown,  E.  R.;  Burr, 
Bush,  Cady,  Carter,  Cassidy,  Chipp,  Jr.;  Church,  Clark,  G.  W.; 
Clark,  H.  A.;  Cochran,  Coleman,  Corn  well,  Countryman,  Crosby, 
Dariforth,  Davies,  J.  C.;  Davis,  G.  A.;  Dean,  Deterling,  Deyo, 
Dickey,  Duiiee,  Faber,  Farrell,  Fitzgerald,  Floyd,  Foote,  Forbes, 
Francis,  Frank,  Andrew ;  Frank,  Augustus ;  Eraser,  Fuller,  C.  A. ; 
Fuller,  O.  A.;  Galinger,  Gibney,  Giegerich,  Gilbert,  Gilleran, 
Goodelle,  Green,  A.  H.;  Green,  J.  L;  Hamlin,  Hawley,  Hecker, 
Hedges,  Herzberg,  A.;  Hill,  Hirschberg,  M.  H.;  Holcomb,  Holls, 
Hottenroth,  Jenks,  Johnson,  I.  Sam;  Johnson,  J.;  Kellogg,  Kim- 
mey,  Kinkel,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lin- 
coln, Lyon,  Manley,  Mantanye,  Marks,  Marshall  Maybee, 
Mr  Arthur,  McCurdy,  McDonough,  Mclntyre,  McKinstry,  McLaugh- 
lin,  C.  B.;  McMillan,  Mereness,  Meyenborg,  Moore,  Morton, 
Nichols,  W.  H.;  Nicoll,  De  L.;  O'Brien,  Ohmeis,  Osborn,  Parker, 
Parmenter,  Pashley,  Peck,  Phipps,  Platzek,  Pool,  Porter,  Powell, 
Pratt,  Putnam,  Redman,  Roche,  Rogers,  Root,  Rowley,  Sandford, 
Schumaker,  Spencer,  Springweiler,  Steele,  A.  B. ;  Steele,  W.  H.; 
Storm,  Sullivan,  W.;  Tibbetts,  Tucker,  Turner,  Vedder,  Veeder, 
Vogt,  Wellington,  Whitmyer,  Wiggins,  Williams,  Woodward, 
President. 

The  proposed  constitutional  amendment,  printed  No.  381,  in 
words  following: 


602  JOURNAL  OF  THE 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To   Amend   Section   Five   of  Article   Two   of  the   Constitution 
Relating  to  the  Manner  of  Elections. 

T lie  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows  : 

Section  5  of  article  2  of  the  Constitution  is  hereby  amended 
so  as  to  read  as  follows  : 

Sec.  5.  All  elections  by  the  citizens,  except  for  such  town 
officers  as  may  by  law  be  directed  to  be  otherwise  chosen,  shall 
be  by  ballot,  or  by  such  other  method  as  may  be  prescribed  by 
law,  provided  that  secrecy  in  voting  be  preserved. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Ackerly,  Allaben,  Arnold,  Barhite,  Bar- 
num,  Barrow,  Becker,  Brown,  E.  A. ;  Brown,  E.  R. ;  Cady,  Carter, 
Chipp,  Jr.;  Clark,  G.  W.;  Clark,  H.  A.;  Coleman,  Countryman, 
Davies,  J.  C. ;  Davis,  G.  A. ;  Dickey,  Durf ee,  Floyd,  Foote,  Forbes, 
Francis,  Frank,  Augustus;  Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.; 
Galinger,  Gibney,  Gilbert,  Goodelle,  Green,  A.  H.;  Griswold, 
Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Hotchkiss,  Hottenroth, 
Jenks,  Johnson,  I.  Sam;  Johnson  J.;  Johnston,  R.  M.;  Kellogg, 
Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lyon,  Manley, 
Mantanye,  Marshall,  McArthur,  McDonough,  McLaughlin,  C.  B.; 
McMillan,  Moore,  Morton,  Nichols,  W.  H. ;  Nicoll,  De  L. ;  O'Brien, 
Osborn,  Parker,  Parkhurst,  Pashley,  Phipps,  Pool,  Porter,  Powell, 
Pratt,  Putnam,  Redman,  Root,  Springweiler,  Steele,  A.  B. ;  Steele, 
W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts,  Towns,  Turner,  Vedder, 
Wellington,  Wiggins,  Woodward,  President  —  88. 

Noes  —  Messrs.  Baker,  Banks,  Bigelow,  Blake,  Bowers,  Burr, 
Bush,  Cassidy,  Church,  Cornwell,  Crosby,  Danforth,  Davenport, 
Deady,  Dean,  Deterling,  Deyo,  Emmet,  Faber,  Farrell,  Frank, 
Andrew;  Gilleran,  Goeller,  Green,  J.  I.;  Hamlin,  Hawley,  Hecker, 
Herzberg,  A.;  Holcomb,  Kerwin,  Kimmey,  Kinkel,  Marks,  May- 
bee,  McCurdy,  Mclntyre,  McKinstry,  Mereness,  Meyenborg,  Mul- 
queen,  Nostrand,  Ohmeis,  Parmenter,  Peabody,  Peck,  Rogers, 
Sandford,  Schumaker,  Spencer,  Sullivan,  W.;  Tekulsky,  Titus, 
Tucker,  Veeder,  Vogt,  Whitmyer,  Williams  -—  57. 


CONSTITUTIONAL  CONVENTION.  603 

The  proposed  constitutional  amendment,  printed  No.  429,  in 
words  following: 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  Seventeen  of  Article  One  of  the  Consti- 
tution, Relating  to  the  Appointment  of  Commissioners  of 
Codification. 

T lie  Delegates  of  lite  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

Section  17  of  article  1  of  the  Constitution  is  hereby  amended 
so  as  to  read  as  follows: 

Sec.  17.  Such  parts  of  the  common  law,  and  of  the  acts  of  the 
Legislature  of  the  colony  of  New  York,  as  together  did  form  the 
law  of  the  said  colony,  on  the  nineteenth  day  of  April,  one  thou- 
sand seven  hundred  and  seventy-five,  and  the  resolutions  of  the 
congress  of  the  said  colony,  and  of  the  Convention  of  the  State  of 
New  York,  in  force  on  the  twentieth  day  of  April,  one  thousand 
seven  hundred  and  seventy-seven,  which  have  not  since  expired, 
or  been  repealed  or  altered,  and  such  acts  of  the  Legislature  of 
this  State  as  are  now  in  force,  shall  be  and  continue  the  law  of 
this  State,  subject  to  such  alterations  as  the  Legislature  shall 
make  concerning  the  same.  But  all  such  parts  of  the  common 
law,  and  such  of  the  said  acts,  or  parts  thereof  as  are  repugnant 
to  this  Constitution,  are  hereby  abrogated. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott  Ackerly,  Allaben,  Arnold,  Baker,  Banks, 
Barhite,  Baruum,  Barrow,  Becker,  Blake,  Bowers,  Brown,  E.  A.; 
Brown,  E.  R.;  Burr,  Bush,  Cady,  Cassidy,  Chipp,  Jr.;  Church, 
Clark,  G-.  W.;  Clark,  H.  A.;  Cochran,  Coleman,  CornweU,  Coun- 
tryman, Crosby,  Danforth,  Davenport,  Davies,  J.  C.;  Davis,  G.  A.; 
Deady,  Dean,  Deterling,  Deyo,  Dickey,  Durfee,  Emmet,  Faber, 
Farrell,  Floyd,  Francis,  Frank,  Andrew;  Frank,  Augustus; 
Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Giegerich, 
Gilbert,  Gilleran,  Goeller,  Goodelle,  Green,  A.  H.;  Green,  J.  L; 
Hamlin,  Hawley,  Hecker,  Hedges,  Herzberg,  A.;  Hill,  Hirschberg, 
M.  H.;  Holls,  Hotchkiss,  Hottenroth,  Johnson,  I.  Sam;  John- 
son, J.;  Johnston,  R.  M.;  Kellogg,  Kimmey,  Kinkel,  Lauterbach, 
Lester,  Lewis,  C.  H. ;  Lewis,  M.  E. ;  Lincoln,  Lyon,  Manley,  Man- 


604  JOURNAL  OF  THE 

tanye,  Marshall,  Maybee,  McArthur,  McCurdy,  McDonough,  Mcln- 
tyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mereness,  Moore, 
Morton,  Nichols,  W.  H. ;  Nostrand,  O'Brien,  Osborn,  Parker,  Park- 
hurst,  Pashley,  Peck,  Phipps,  Platzek,  Pool,  Porter,  Pratt,  Put- 
nam, Kedman,  Root,  Spencer,  Steele,  A.  B. ;  Steele,  W.  H. ;  Storm, 
Sullivan,  T.  A.;  Tibbetts,  Truax,  C.  H.;  Turner,  Vedder,  Vogt, 
Wellington,  Whitmyer,  Wiggins,  Woodward  —  122. 

Noes  —  Messrs.  Fitzgerald,  Forbes,  Griswold,  Jenks,  Marks, 
McClure,  Meyenborg,  Mulqueen,  Nicoll,  De  L. ;  Parmenter,  Pea- 
body,  Powell,  Schumaker,  Titus,  Towns,  Tucker,  Veeder  — 17. 

On  motion  of  Mr.  Marshall,  the  session  was  extended  until 
eleven  o'clock. 

The  proposed  constitutional  amendment,  printed  No.  418,  in 
words  following: 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Three  of  the  Constitution  of  the  State  of  New 
York  Relating  to  Legislation. 

T  he  Delegates  of  the  People  of  the  State  of  New  York,  m 
Convention  assembled^  do  propose  as  follows  : 

Article  3  of  the  Constitution  is  hereby  amended  by  adding 
at  the  end  thereof  a  new  section  to  read  as  follows  : 

Sec.  26.  No  provision  or  enactment  shall  be  embraced  in  the 
annual  appropriation  or  supply  bill,  unless  it  relates  specifically 
to  some  particular  appropriation  in  the  bill;  and  any  such  pro- 
vision or  enactment  shall  be  limited  in  its  operation  to  such 
appropriation. 

Being  announced  for  third  reading. 

Mr.  J.  Johnson  moved  that  said  amendment  be  recommitted 
to  the  Committee  on  Legislative  Powers  and  Duties,  with  instruc- 
tions forthwith  to  report  the  amendment  as  it  now  stands  with 
an  additional  section,  as  follows : 

Sec.  27.  All  cities  are  classified  according  to  the  latest 
State  enumeration,  as  from  time  to  time  made,  as  follows:  The 
first  class  includes  all  cities  having  a  population  of  two  hundred 
and  fifty  thousand,  or  more;  the  second  class,  all  cities  having  a 
population  of  fifty  thousand  and  less  than  two  hundred  and  fifty 
thousand;  the  third  class,  all  other  cities.  Laws  relating  to  the 


CONSTITUTIONAL  CONVENTION.  605 

property,  affairs  or  government  of  cities,  and  the  several  depart- 
ments thereof,  are  divided  into  general  and  special  city  laws; 
general  city  laws  are  those  which  relate  to  all  the  cities  of  one  or 
more  classes;  special  city  laws  are  those  which  relate  to  a  single 
city,  or  to  less  than  all  the  cities  of  a  class.  Special  city  laws 
shall  not  be  passed  except  in  conformity  with  the  provisions  of 
this  section. 

After  any  bill  for  a  special  city  law,  relating  to  a  city, 
has  been  passed  by  both  branches  of  the  Legislature,  the 
house  in  which  it  originated  shall  immediately  transmit  a  cer- 
tified copy  thereof  to  the  mayor  of  such  city,  and  within  fifteen 
days  thereafter  the  mayor  shall  return  such  bill  to  the  house  from 
which  it  was  sent,  with  his  certificate  thereon,  stating  whether 
the  city  has  or  has  not  accepted  the  same. 

In  every  city  of  the  first  class,  the  mayor,  and  in  every  other 
city,  the  mayor  and  the  legislative  body  thereof,  concurrently, 
shall  act  for  such  city  as  to  such  bill;  but  the  Legislature  may 
provide  for  the  concurrence  of  the  legislative  body  in  cities  of  the 
first  class.  The  Legislature  shall  provide  for  a  public  notice  and 
opportunity  for  a  public  hearing  concerning  any  such  bill  in 
every  city  to  which  it  relates,  before  action  thereon.  Such  a  bill, 
if  it  relates  to  more  than  one  city,  shall  be  transmitted  to  the 
mayor  of  each  city  to  which  it  relates,  and  shall  not  be  deemed 
accepted,  unless  accepted,  as  here  provided,  by  every  such  city. 
Whenever  any  such  bill  is  accepted,  as  herein  provided,  it  shall 
be  subject,  as  are  other  bills,  to  the  action  of  the  Governor. 
Whenever  any  such  bill  is  returned  without  the  acceptance  of  the 
city  or  cities  to  which  it  relates,  or  is  not  returned  within  such 
fifteen  days,  it  may,  nevertheless,  again  be  passed  by  both 
branches  of  the  Legislature,  and  it  shall  then  be  subject,  as  are 
other  bills,  to  the  action  of  the  Governor.  If  the  session  of  the 
Legislature  at  which  such  bill  passed  is  terminate  before  it  is 
returned,  it  shall  be  transmitted  by  the  mayor  to  the  Governor, 
and  if  accepted,  and  otherwise  it  shall  be  subject  as  other  bills 
(hen  are  to  the  action  of  the  Governor  thereon.  In1  every  special 
city  law7  which  has  been  accepted  by  the  city  or  cities  to  which  it 
relates,  the  title  shall  be  followed  by  the  words  "  accepted  by  the 
city,"  or  "  cities,"  as  the  case  may  be;  in  every  such  law  which  is 
passed  without  such  acceptance,  by  the  words  "  passed  without 
the  acceptance  of  the  city,1'  or  "  cities,"  as  the  case  may  be. 


606  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  motion  of  Mr.  J.  Johnson, 
and  it  was  determined  in  the  negative. 

Said  proposed  constitutional  amendment  was  then  read  the 
third  time  and  passed,  a  majority  of  all  the  Delegates  elected  to 
the  Convention  voting  in  favor  thereof. 

Ayes -r-  Messrs.  Abbott,  Ackerly,  Allaben,  Arnold,  Baker, 
Banks,  Barhite,  Barnum,  Barrow,  Becker,  Blake,  Bowers,  Brown, 
E.  A.;  Brown,  E.  R.;  Burr,  Cady,  Oassidy,  Clark,  G.  W.;  Clark, 
H.  A.;  Cochran,  Cornwell,  Countryman,  Crosby,  Danforth,  Daven- 
port, Davis,  G.  A. ;  Deady,  Dean,  Deterling,  Deyo,  Dickey,  Durf ee, 
Einmet,  Faber,  Farrell,  Fitzgerald,  Floyd,  Forbes,  Francis,  Frank, 
Andrew;  Fraser,  Fuller,  C.  A.;  Galinger,  Gibney,  Gilbert, 
Goodelle,  Green,  A.  H.;  Griswold,  Hamlin,  Hawley,  Hecker, 
Hedges,  Herzberg,  A.;  Hill,  Hirschberg,  M.  H.;  Holls,  Hotten- 
roth,  Jenks,  Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kel- 
logg, Kerwin,  Kinkel,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln, 
Lyon,  Manley,  Marks,  Marshall,  Maybee,  McCurdy,  McDonough, 
Mclntyre,  McKinstry,  McLaughlin,  C.  B,;  McMillan,  Mereness, 
Moore,  Morton,  Mulqueen,  Nichols,  W.  H.;  O'Brien,  Osborn, 
Parker,  Parkhurst,  Parmenter,  Pashley,  Peck,  Phipps,  Platzek, 
Pool,  Porter,  Pratt,  Putnam,  Redman,  Root,  Rowley,  Schumaker, 
Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tekulsky, 
Tibbetts,  Titus,  Towns,  Truax,  C.  H.;  Turner,  Vogt,  Wellington, 
Wiggins,  Woodward,  President  —  119. 

Noes  —  Messrs.  Gilleran,  Mantanye,  Powell  —  3. 

Mr.  Jenks  moved  that  the  Convention  now  adjourn. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

The  proposed  constitutional  amendment,  printed  No.  400,  in 
words  following: 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  One  of  Article  Tw%o,  Prescribing  the  Period  of 
Citizenship  as  a  Prerequisite  to  the  Right  to  Vote. 

The  Delegates  of  the  People  of  the  State  of  New  York  in 
Convention  (trembled*  do  propose  as  follows : 

Section  1  of  article  10  of  the  Constitution  is  hereby  amended 
as  follows: 

Section  1.  Every  male  citizen  of  the  age  of  twenty-one  years 
who  shall  have  been  a  citizen  for  sixty  days  and  an  inhabitant 


CONSTITUTIONAL  CONVENTION.  607 

of  this  State  one  year  next  preceding  an  election,  and  the  last 
four  months  a  resident  of  the  county,  and  for  the  last  thirty  days 
a  resident  of  the  election  district  in  which  he  may  offer  his  vote, 
shall  be  entitled,  to  vote  at  such  election  in  the  election  district 
of  which  he  shall  at  the  time  be  a  resident,  and  not  elsewhere, 
for  all  officers  that  now  are  or  hereafter  may  be  elective  by  the 
people  and  upon  all  questions  which  may  be  submitted  to  the 
vote  of  the  people;  provided  that  in  time  of  war  no  elector  in 
the  actual  military  service  of  the  State,  or  of  the  United  States, 
in  the  army  or  navy  thereof,  shall  be  deprived  of  his  vote  by 
reason  of  his  absence  from  such  election  district;  and  the  Legis- 
lature shall  have  power  to  provide  the  manner  in  which,  and 
the  time  and  place  at  which,  such  absent  electors  may  vote,  and 
for  the  return  and  canvass  of  their  votes  in  the  election  districts 
in  which  they  respectively  reside. 

Being  announced  for  third  reading. 

Mr.  Meyenborg  moved  that  said  amendment  be  recommitted 
to  the  committee  from  whence  it  emanated  with  instruc- 
tions to  strike  out  the  word  "  male,"  in  line  3  on  page  1,  and  to 
report  such  amendment  so  amended  forthwith. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Meyenborg, 
and  it  was  determined  in  the  negatwe. 

Mr.  Cochran  moved  to  recommit  said  proposed  constitutional 
amendment  to  the  committee  reporting  it,  with  instructions  to 
report  the  same  forthwith,  amended  by  striking  out  "sixty"  in 
line  4,  section  1,  and  inserting  in  lieu  thereof  the  word  "  thirty." 

Pending  the  question,  Mr.  Kellogg  moved  that  the  Convention 
now  adjourn. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Kellogg, 
and  it  was  determined  in  the  affirmative,  and  at  10.25  the  Con- 
vention adjourned. 


608  JOURNAL  OF  THE 

Wednesday,  September  12,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  R.  D.  Williamson. 

On  motion  of  Mr.  Cochran,  the  reading  of  the  Journal  of  Tues- 
day, September  eleventh,  was  dispensed  with. 

The  last  Record  appearing  upon  the  files  of  members  to-day 
is  of  date,  August  twenty-fifth. 

By  vote  of  the  Convention,  the  following  member  was  excused 
from  attendance  as  follows :  Mr.  M.  E.  Lewis,  indefinitely. 

On  motion  of  Mr.  Davis,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Harvey  J.  Hurd,  of  Erie. 

On  motion  of  Mr.  Jenks,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Michael  Ryan,  of  Brooklyn. 

On  motion  of  Mr.  Holcomb,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Augustus  T.  Dockerty,  of  Brooklyn. 

Mr.  Dickey  offered  a  resolution  in  words  following  : 
Resolved,  That  the  proposed  amendment,  General  Order  No.  13, 
printed  No.  451,  entitled  "  Proposed  constitutional  amendment  to 
provide  home  rule  for  cities,"  be  recommitted  to  the  Committee 
on  Cities,  with  instructions  to  amend  it  and  forthwith  report  it 
complete,  it  retaining  its  place  on  order  of  third  reading  as 
amended,  so  it  will  read  as  follows  : 

"  Section  1.  Except  to  fill  A^acancies,  all  elections  of  city  officers, 
including  supervisors  and  judicial  officers  of  inferior  local  courts, 
elected  in  any  city  or  part  of  a  city,  and  of  county  officers  elected 
in  the  counties  of  New  York  and  Kings,  and  in  all  counties  whoso 
boundaries  are  the  same  as  those  of  a  city,  shall  be  on  the  Tues- 
day succeeding  the  first  Monday  in  November  in  an  odd-num- 
bered year,  and  the  term  of  every  such  officer  shall  expire  at  the 
end  of  some  odd-numbered  year.  The  terms  of  office  of  all  such 
officers,  elected  before  the  first  day  of  January,  one  thousand 
eight  hundred  and  ninety-five,  whose  successors  have  not  then 
been  elected,  which,  under  existing  law  would  expire  with  an 
even-numbered  year  or  in  and  before  the  end  of  an  odd-numbered 
year,  are  extended  to  and  including  the  last  day  of  December 
following  such  expiration ;  the  terms  of  office  of  all  such  officers, 
which,  under  existing  law  would  expire  in  an  even-numbered 


CONSTITUTIONAL  CONVENTION.  609 

year  and  before  the  end  thereof,  are  abridged  so  as  to  expire 
at  the  end  of  the  year  preceding  such  expiration. 

"This  section  shall  not  apply  to  any  city,  the  population  of 

which,  according  to  the  latest  State  enumeration,  from  time  to 

time  made,  is  less  than  fifty  thousand,  nor  to  elections  of  any 

judicial  officer,  except  judges  and  justices  of  inferior  local  courts." 

Said  committee  reported  as  directed  by  the  Convention. 

Mr.  J.  Johnson  offered  a  resolution  in  words  following  : 
Kesolved,  That  the  report  of  the  Committee  on  Cities  be  agreed 
to,  and  that  the  proposed  amendment  be  ordered  to  a  third  read- 
ing and  referred  to  the  Committee  on  Kevision. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

By  unanimous  consent,  Mr.  Blake  offered  a  resolution  in  words 
following  : 

Kesolved,  That  the  Committee  on  Printing  investigate  and 
report  to  this  Convention  not  later  than  Thursday  noon,  of  this 
week,  the  cause  of  the  delay  in  furnishing  to  the  Convention 
the  printed  record  of  the  debates  pursuant  to  a  resolution  here- 
tofore adopted  by  the  Convention. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  E.  R.  Brown,  introductory  No.  376,  reported  by 
the  Committee  on  Legislative  Organization,  and  by  the  Committee 
of  the  Whole,  entitled  "Proposed  constitutional  amendment  to 
amend  article  3,  relating  to  the  apportionment  of  Senate  and 
Assembly  districts,"  reports  the  same  as  examined  and  corrected 
and  as  correctly  engrossed. 

Mr.  President  stated  the  pending  question  at  the  time  of  the 
adjournment  last  evening  to  be  upon  the  motion  of  Mr.  Cochran 
to  recommit  proposed  constitutional  amendment,  printed  No. 
400,  entitled  "Proposed  constitutional  amendment  to  amend  sec- 
tion 1  of  article  2,  prescribing  the  period  of  citizenship  as  a  pre- 
requisite to  the  right  to  vote,"  to  the  committee  reporting  it, 
with  instructions  to  report  the  same  forthwith  amended,  by  strik- 
ing out  "  sixty  "  in  line  4,  section  1,  and  inserting  in  lieu  thereoi 
the  word  "thirty." 

39 


610  JOURNAL  OF  THE 

Mr.  Cochran  withdrew  his  motion. 

Said  proposed  constitutional  amendment,  printed  No.  400,  in 
words  following  : 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  One  of  Article  Two,  Prescribing  the  Period  of 
Citizenship  as  a  Prerequisite  to  the  Right  to  Vote. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

Section  1  of  article  2  of  the  Constitution  is  hereby  amended 
as  follows  : 

Section  1.  Every  male  citizen  of  the  age  of  twenty-one  years 
who  shall  have  been  a  citizen  for  sixty  days  and  an  inhabitant 
of  this  State  one  year  next  preceding  an  election,  and  the  last 
four  months  a  resident  of  the  county,  and  for  the  last  thirty  days 
a  resident  of  the  election  district  in  which  he  may  offer  his  vote, 
shall  be  entitled  to  vote  at  such  election  in  the  election  district 
of  which  he  shall  at  the  time  be  a  resident,  and  not  elsewhere, 
for  all  officers  that  now  are  or  hereafter  may  be  elective  by  the 
people  and  upon  all  questions  which  may  be  submitted  to  the 
vote  of  the  people;  provided  that  in  time  of  war  no  elector  in 
the  actual  military  service  of  the  State,  or  of  the  United  States, 
in  the  army  or  navy  thereof,  shall  be  deprived  of  his  vote  by 
reason  of  his  absence  from  such  election  district;  and  the  Legis- 
lature shall  have  power  to  provide  the  manner  in  which,  and 
the  time  and  place  at  which,  such  absent  electors  may  vote,  and 
for  the  return  and  canvass  of  their  votes  in  the  election  districts 
in  which  they  respectively  reside. 

Being  then  announced  for  third  reading,  Mr.  Countryman  moved 
that  said  amendment  be  recommitted  to  the  Committee  on  Suf- 
frage, with  instructions  to  report  forthwith  amended,  by  striking 
out  the  words  "sixty  days"  and  inserting  in  lieu  thereof  the 
words  "six  months." 

Mr.  President  put  the  question  on  the  adoption  of  said  motion, 
and  it  was  determined  in  the  affirmative. 

Mr.  C.  B.  McLaughlin  moved  to  reconsider  said  vote. 
Mr.  Veeder  moved  to  lay  said  motion  on  the  table. 

The  question  being  upon  the  motion  of  Mr.  Veeder  and  tellers 
being  demanded,  Messrs,  McDonough  and  Cochran  were  appointed, 


tion, 


CONSTITUTIONAL  CONVENTION.  611 

and  announced  the  following  vote  on  Mr.  Veeder's  motion  :  Ayes, 
68;  noes,  44.  And  it  was  declared  carried. 

Mr.  Boot  then  moved  that  said  amendment  be  recommitted  to 
the  Committee  on  Suffrage,  with  instructions  to  report  the  same 
forthwith  amended  by  striking  out  "six  months"  and  inserting 
in  lieu  thereof  "  ninety  days." 

The  question  being  on  the  motion  of  Mr.  Boot  and  tellers  being 
demanded,  Messrs.  McDonough  and  Cochran  were  appointed,  and 
announced  the  vote  as  :  Ayes,  86;  noes,  47,  on  Mr.  Boot's  motion, 
and  it  was  declared  carried. 

Mr.  Bowers  then  moved  that  said  amendment  be  recommitted 
to  the  Committee  on  Suffrage,  with  instructions  to  report  the 
same  forthwith  amended,  by  striking  out  "ninety  days"  and 
inserting  in  lieu  therof  "  ten  days." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Second  Vice-President  Mr.  W.  H.  Steele  in  the  chair. 

Mr.  Boche  moved  to  recommit  said  amendment  to  the  Commit- 
tee on  Suffrage,  with  instructions  to  report  the  same  forthwith 
amended,  by  striking  out  "  ninety  "  and  inserting  in  lieu  thereof 
"thirty." 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  negative. 

Ayes  —  Messrs.  Banks,  Blake,  Bowers,  Burr,  Campbell,  Chipp, 
Jr.;  Cochran.  Crimmins,  Danforth,  Deady,  Deyo,  Durnin,  Emmet, 
Farrell,  Fitzgerald,  Forbes,  Gibney,  Giegerich,  Gilleran,  Green, 
A.  H.;  Green,  J.  I.;  Griswold,  Herzberg,  A.;  Holcomb,  Hotten- 
roth,  Jenks,  Kirwin,  Kimmey,  Marks,  Maybee,  McClure,  McCurdy, 
McDonough,  McKinstry,  McLaughlin,  J.  W.;  Meyenborg,  Nicoll, 
DeL.;  Ohmeis,  Osborn,  Parmenter,  Peabody,  Peck,  Platzek, 
Koche,  Bogers,  Bowley,  Sandford,  Schumaker,  Smith,  Tekulsky, 
Titus,  Towns,  Truax,  C.  H. ;  Tucker,  Veeder,  Williams  —  56. 

Noes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Barhite,  Barnum,  Barrow,  Becker,  Bigelow,  Brown,  E.  A. ; 
Brown,  E.  B.;  Cady,  Carter,  Cassidy,  Church,  Clark,  G.  W.;  Clark, 
H.  A.;  Coleman,  Cornwell,  Countryman,  Crosby,  Davies,  J.  C.; 
Davis,  G.  A.;  Dean,  Deterling,  Dickey,  Doty,  Durfee,  Faber, 
Floyd,  Foote,  Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser, 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gilbert,  Goodelle,  Hamliri, 
Hawley,  Hecker,  Hedges,  Hill,  Hirschberg,  M,  H,;  Holls,  Hotch- 


612  JOURNAL  OF  THE 

kiss,  Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kellogg, 
Kinkel,  Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.; 
Lincoln,  Lyon,  Manley,  Mantanye,  Marshall,  Me  Arthur,  Mclntyre, 
McLaughlin,  C.  B.;  McMillan,  Mereness,  Moore,  Morton,  Nichols, 
W.  H.;  Nostrand,  O'Brien,  Parker,  Parkhurst,  Pashley,  Phipps, 
Pool,  Porter,  Powell,  Pratt,  Putnam,  Redman,  Root,  Spencer, 
Springweiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.; 
Tibbetts,  Turner,  Vedder,  Vogt,  Wellington,  Whitmyer,  Wiggins, 
Woodward,  President  — 101. 

Said  proposed  constitutional  amendment,  printed  No.  400,  as 
amended,  in  words  following  : 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  One  of  Article  Two,  Prescribing  the  Period  of 
Citizenship  as  a  Prerequisite  to  the  Right  to  Vote. 

T  he  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled*  rfo  pmposa  as  follows  : 

Section  1  of  article  2  of  the  constitution  is  hereby  amended 
as  follows  : 

Section  1.  Every  male  citizen  of  the  age  of  twenty-one  years 
who  shall  have  been  a  citizen  for  ninety  days  and  an  inhabitant 
of  this  State  one  year  next  preceding  an  election,  and  the  last 
four  months  a  resident  of  the  county,  and  for  the  last  thirty  days 
a  resident  of  the  election  district  in  which  he  may  offer  his  vote, 
shall  be  entitled  to  vote  at  such  election  in  the  election  district 
of  which  he  shall  at  the  time  be  a  resident,  and  not  elsewhere, 
for  all  officers  that  now  are  or  hereafter  may  be  elective  by  the 
people  and  upon  all  questions  which  may  be  submitted  to  the 
vote  of  the  people  ;  provided  that  in  time  of  war  no  elector  in 
the  actual  military  service  of  the  State,  or  of  the  United  States, 
in  the  army  or  navy  thereof,  shall  be  deprived  of  his  vote  by 
reason  of  his  absence  from  such  election  district ;  and  the  Legis- 
lature shall  have  power  to  provide  the  manner  in  which,  and 
the  time  and  place  at  which,  such  absent  electors  may  vote,  arid 
for  the  return  and  canvass  of  their  votes  in  the  election  districts 
in  which  they  respectively  reside. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 


CONSTITUTIONAL  CONVENTION.  613 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Barhite,  Barnum,  Barrow,  Becker,  Bigelow,  Brown,  E.  A.; 
Brown,  E.  R.;  Cady,  Carter,  Cassidy,  Church,  Clark,  G.  W.;  Clark, 
H.  A.;  Corn  well,  Countryman,  Crosby,  Davies,  J.  C.;  Davis,  G.  A.; 
Dean,  Deterling,  Dickey,  Doty,  Durfee,  Faber,  Floyd,  Foote, 
Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser,  Fuller,  C.  A.; 
Fuller,  O.  A.;  •  Galinger,  Gilbert,  Goodelle,  Hamlin,  Hawley, 
Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Hotchkiss,  John- 
son, I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kellogg,  Kinkel, 
Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln, 
Lyon,  Manley,  Mantanye,  Marshall,  Maybee,  McArthur, 
McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan, 
Mereness,  Moore,  Morton,  Nichols,  W.  H.;  Nostrand,  O'Brien, 
Parker,  Pashley,  Phipps,  Pool,  Porter,  Powell,  Pratt,  Putnam, 
Redman,  Root,  Spencer,  Springweiler,  Steele,  A.  B.;  Steele, 
W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts,  Turner,  Vedder,  Vogt, 
Wellington,  Whitmyer,  Wiggins,  Woodward,  President  — 102. 

Noes  —  Messrs.  Banks,  Blake,  Bowers,  Burr,  Bush,  Chipp,  Jr.; 
Cochran,  Crimmins,  Danforth,  Davenport,  Deady,  Deyo,  Durnin, 
Emmet,  Farrell,  Fitzgerald,  Forbes,  Gibney,  Giegerich,  Gilleran, 
Green,  A.  H.;  Green,  J.  I.;  Griswold,  Herzberg,  A.;  Holcomb, 
Hottenroth,  Jenks,  Kerwin,  Kimmey,  Marks,  McClure,  McLaugh- 
lin, J.  W.;  Meyenborg,  Nicoll,  DeL.;  Ohmeis,  Osborn,  Parmenter, 
Peabody,  Peck,  Platzek,  Roche,  Rogers,  Rowley,  Sandford,  Smith, 
Sullivan,  W.;  Titus,  Towns,  Truax,  C.  H.;  Tucker,  Veeder, 
Williams  —  52. 

The  proposed  constitutional  amendment,  printed  No.  444,  in 
words  following  : 

PROPOSED   CONSTITUTIONAL   AMENDMENT 

To  Amend  Section  Six  of  Article  Ten,  in  Relation  to  the  Time 
When  the  Legislature  Shall  Assemble. 

The  Delegates  of  the  People  of  the  State  of  J$ew  jTork9  ™* 
Convention  assembled ,  do  propose  as  follows  : 

Section  6  of  article  10  of  the  Constitution  is  hereby  amended 
so  as  to  read  as  follows: 

Sec.  6.  The  political  year  and  legislative  term  shall  begin  on 
the  first  day  of  January;  and  the  Legislature  shall,  every  year, 
assemble  on  the  first  Wednesday  in  January. 


614  JOURNAL  OF  THE 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Banks,  Barhite,  Barnum,  Barrow,  Bigelow,  Brown,  E.  A.; 
Cady,  Carter,  Cassidy,  Chipp,  Jr.;  Church,  Clark,  G.  W.;  Clark, 
H.  A.;  Cochran,  Coleman,  Cornwell,  Countryman,  Crimmins, 
Crosby,  Davenport,  Davies,  J.  C. ;  Davis,  G.  A. ;  Deady,  Deterling, 
Dickey,  Doty,  Emmet,  Faber,  Fitzgerald,  Floyd,  Forbes,  Francis, 
Frank,  Andrew;  Frank,  Augustus;  Fraser,  Fuller,  C.  A.;  Fuller, 
O.  A.;  Galinger,  Gibney,  Giegerich,  Gilbert,  Gilleran,  Goodelle, 
Green,  A.  H.;  Green,  J.  I.;  Griswold,  Hamlin,  Hecker,  Hedges, 
Herzberg,  A.;  Hill,  Hirschberg,  M.  H.;  Holls,  Hottenroth,  Jenks, 
Johnson,  I.  Sam ;  Johnson,  J. ;  Johnston,  K.  M. ;  Kellogg,  Kerwin, 
Kimmey,  Kinkel,  Kurth,  Lauterbach,  Lester,  Lewis,  C.  H. ;  Lewis, 
M.  E. ;  Lincoln,  Lyon,  Manley,  Marks,  Maybee,  McClure,  McCurdy, 
McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McLaugh- 
lin,  J.  W.;  Mereness,  Moore,  Morton,  Nichols,  W.  H.;  Nostrand, 
Osborn,  Parker,  Parkhurst,  Parrnenter,  Pashley,  Peck,  Phipps, 
Platzek,  Pool,  Porter,  Powell,  Pratt,  Redman,  Roche,  Rogers, 
Root,  Sandf  ord,  Schumaker,  Spencer,  Springweiler,  Steele,  A.  B. ; 
Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tekulsky,  Tibbetts,  Titus, 
Truax,  C.  H.;  Turner,  Yedder,  Vogt,  Wellington,  Whitmyer, 
President  — 124. 

Noes  —  Messrs.  Bowers,  Dean,  Durnin,  Holcomb,  Marshall, 
Meyenborg,  Ohmeis,  Towns  —  8. 

The  proposed  constitutional  amendment,  printed  No.  384,  in 
words  following  : 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To   Amend    Article   One    of   the   Constitution,    Against   Public 
Officers  Riding  on  Passes. 

The   Delegates  of  the  People  of  the  State  of  New    Yor'k^   in 

Convention  assembled,  do  propose  as  follows  : 

Add  at  the  end  of  article  1  a  new  section  to  read  as  follows: 

Sec.  20.    No  public  officer,  or  person  elected  or  appointed  to 

a  public  office,  under  the  laws  of  this  State,  shall  directly  or 

indirectly  ask,  demand,  accept,  receive,  or  consent  to  receive 

for  his  own  use  and  benefit,  or  for  the  use  and  benefit  of  another, 

any  free  pass,  free  transportation,  franking  privilege  or  discrimi- 


CONSTITUTIONAL  CONVENTION.  615 

nation  in  passenger,  telegraph  or  telephone  rates  from  any  pel-- 
son or  corporation,  nor  make  use  of  the  same  himself  or  in  con- 
junction with  another.  A  person  who  violates  any  provision 
of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  forfeit  his  office  at  the  suit  of  the  Attorney-General. 

Being  announced  for  third  reading,  Mr.  E.  K.  Brown  moved  to 
recommit  said  amendment  to  the  Committee  on  Railroads,  with 
instructions  to  report  the  same  forthwith  amended  as  follows  : 
In  line  5  change  "  and  "  in  each  case  to  "  or,"  and  in  line  8  change 
"nor"  to  "or."  j 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

.  Mr.  President  moved  to  recommit  said  amendment  to  the  Com- 
mittee on  Railroads,  with  instructions  to  report  the  same  forth- 
with amended  as  follows  : 

Add  at  the  end  thereof  the  following  : 

"  No  person  or  officer  or  agent  of  a  corporation  giving  any  such 
free  pass,  free  transportation,  franking  privilege  or  discrimina- 
tion hereby  prohibited,  shall  be  privileged  from  testifying  in 
relation  thereto  and  he  shall  not  be  liable  to  civil  or  criminal 
prosecution  therefor  if  he  shall  testify  to  the  giving  of  the  same.1' 

Mr.  Cassidy  moved  to  further  instruct  said  Railroad  Commit- 
tee to  amend  said  constitutional  amendment  as  follows  : 

"Insert  after  the  word  misdemeanor  in  line  10,  the  following 
words  :  'And  punished  by  imprisonment  for  life.' " 

Mr.  Kellogg  also  moved  to  further  instruct  said  Railroad  Com- 
mittee to  amend  said  resolution,  by  adding  at  the  end  of  Mr. 
Cassidy's  amendment,  "  and  compelled  to  walk  during  the  remain- 
der of  his  natural  life.'7 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Kellogg, 
and  it  was  determined  in  the  negative. 

The  question  being  on  Mr.  Cassidy's  motion,  tellers  being 
demanded,  Messrs.  McDonough  and  Cochran  were  appointed, 
and  announced  the  vote  as  :  Ayes,  45;  noes,  56,  and  said  motion 
of  Mr.  Cassidy  was  declared  lost. 

Mr.  Bigelow  moved  to  strike  out  all  of  said  proposed  constitu- 
tional amendment,  and  insert  the  amendment  offered  by  Mr. 
President,  as  a  substitute. 


616  JOURNAL  OF  THE 

Mr.  Storm  moved  that  the  time  limited  for  debate  on  this  sub- 
ject be  extended  to  one  o'clock. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Storm,  and 
it  was  determined  in  the  negative. 

Further  debate  being  had,  Mr.  J.  I.  Green  moved  that  the  time 
limited  for  debate  on  this  subject  be  extended  to  one  o'clock. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  J.  I.  Green, 
and  it  was  determined  in  the  affirmative. 

Mr.  De  L.  Nicoll  moved  to  amend  the  amendment  offered  by 
Mr.  President,  by  inserting  at  the  commencement  thereof  the 
following  : 

"  Any  corporation,  or  officer  or.  agent  thereof,  who  shall  offer  or 
promise  to  a  public  officer  or  person  elected  or  appointed  to  a 
public  office,  any  such  free  pass,  free  transportation,  franking 
privilege  or  discrimination,  shall  also  be  deemed  guilty  of  a  mis- 
demeanor and  liable  to  punishment,  except  as  herein  provided." 

Mr.  President  accepted  the  amendment. 

The  hour  of  one  o'clock  having  arrived,  the  Convention  took  a 
recess  until  three  o'clock. 


AFTERNOON  SESSION. 

Three  o'clock  P.  M. 

The  Convention  again  met. 

Second  Vice-President  Mr.  W.  H.  Steele  in  the  chair. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Special  Committee  on  State  Forest  Preservation, 
introductory  No.  393,  reported  by  said  committee  and  by  the  Com- 
mittee of  the  Whole,  entitled  "Proposed  constitutional  amend- 
ment to  amend  the  Constitution,  relative  to  the  forest  preserve," 
reports  the  same  as  examined  and  corrected  and  as  correctly 
engrossed. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  W.  H.  Nichols,  introductory  No.  253,  reported 
by  the  Committee  on  Suffrage,  and  by  the  Committee  of  the 
Whole,  entitled  "Proposed  constitutional  amendment  to  amend 
section  4  of  article  2  of  the  Constitution,  relating  to  registration 


CONSTITUTIONAL  CONVENTION.  617 

of  voters,'7  reports  the  same  as  examined  and  corrected  and  as 
correctly  engrossed. 

Mr.  President  stated  the  pending  question  at  the  hour  of 
adjournment  this  morning  to  be  upon  the  motion  of  Mr.  Presi- 
dent to  recommit  proposed  constitutional  amendment,  printed 
-To.  884,  with  instructions. 

Mr.  President  then  put  the  question  on  the  amendment  offered 
by  Mr.  Nicoll. 

Mr.  Hottenroth  offered  an  amendment  to  instruct  the  Com- 
mittee on  Kailroads  to  amend  as  follows: 

"The  Legislature  shall  provide  by  law  for  the  free  transpor- 
tation of  public  officers." 

Mr.  President  then  put  the  question  on  the  amendment  offered 
by  Mr.  Hottenroth,  and  it  was  determined  in  the  negative. 

Said  proposed  constitutional  amendment,  printed  No.  384,  as 
amended  in  words  following.* 

PROPOSED   CONSTITUTIONAL   AMENDMENT 

To    Amend   Article  One   of   the   Constitution,    Against    Public 
Officers  Hiding  on  Passes. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

Add  at  the  end  of  article  1  a  new  section  to  read  as  follows: 

Sec.  20.  No  public  officer,  or  person  elected  or  appointed  to 
a  public  office,  under  the  laws  of  this  State,  shall  directly  or 
indirectly  ask,  demand,  accept,  receive,  or  consent  to  receive 
for  his1  own  use  or  benefit,  or  for  the  use  or  benefit  of  another, 
any  free  pass,  free  transportation,  franking  privilege  or  discrimi- 
nation in  passenger,  telegraph  or  telephone  rates  from  any  per- 
son or  corporation,  or  make  use  of  the  same  himself  or  in  con- 
junction with  another.  A  person  who  violates  any  provision 
of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  forfeit  his  office  at  the  suit  of  the  Attorney-General. 

Any  corporation,  or  officer,  or  agent  thereof,  who  shall  offer  or 
promise  to  a  public  officer  or  person  elected  or  appointed  to  a 
public  office,  any  such  free  pass,  free  transportation,  franking 
privilege  or  discrimination,  shall  also  be  deemed  guilty  of  a 
misdemeanor  and  liable  to  punishment,  except  as  herein  provided. 


618  JOURNAL  OF  THE 

No  person,  or  officer,  or  agent  of  a  corporation  giving  any  such 
free  pass,  free  transportation,  franking  privilege,  or  discrimina- 
tion hereby  prohibited,  shall  be  privileged  from  testifying  in 
relation  thereto,  and  he  shall  not  be  liable  to  civil  or  criminal 
prosecution  therefor,  if  he  shall  testify  to  the  giving  of  the  same. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the 
Delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Banks, 
Barnum,  Barrow,  Becker,  Brown,  E.  R.;  Burr,  Cady,  Carter, 
Cassidy,  Chipp,  Jr.;  Clark,  H.  A.;  Cochran,  Coleman,  Cornwell, 
Countryman,  Davenport,  Deady,  Dean,  Dickey,  Doty,  Durfee, 
Emmet,  Floyd,  Foote,  Francis,  Fraser,  Fuller,  C.  A.;  Gibney, 
Giegerich,  Gilbert,  Gilleran,  Goeller,  Goodelle,  Green,  A.  H.;  Gris- 
wold,  Hamlin,  Hill,  Hirschberg,  M.  H.;  Holls,  Hotchkiss,  Hotten- 
roth,  Johnson,  I.  Sam ;  Johnson,  J. ;  Kimmey,  Lester,  Lewis,  C.  H. ; 
Lyon,  Manley,  Marks,  Marshall,  Maybee,  McArthur,  McClure, 
McCurdy,  McDonough,  Mclntyre,  McLaughlin,  C.  B.;  Mereness, 
Moore  Morton,  Nichols,  W.  H. ;  Nicoll,  De  L. ;  Nostrand,  O'Brien, 
Ohmeis,  Osborn,  Parker,  Parkhurst,  Parmenter,  Peck,  Platzek, 
Koche,  Rogers,  Root,  Rowley,  Schumaker,  Spencer,  Springweiler, 
Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Titus,  Towns, 
Truax,  C.  H.;  Tucker,  Vogt,  Wellington,  Whitmyer,  Williams, 
Woodward,  President  —  96. 

Noes  —  Messrs.  Bigelow,  Blake,  Bowers,  Brown,  E.  A. ;  Cassidy, 
Church,  Clark,  G.  W.;  Crimmins,  Crosby,  Danforth,  Davies,  J.  C.; 
Davis,  G.  A.;  Deterling,  Durnin,  Faber,  Farrell,  Forbes,  Frank, 
Andrew;  Fuller,  O.  A.;  Galinger,  Green,  J.  I.;  Hawley,  Hecker, 
Hedges,  Herzberg,  A. ;  Jenks,  Kellogg,  Kinkel,  Mantanye,  McKin- 
stry,  McLaughlin,  J.  W. ;  McMillan,  Pashley,  Phipps,  Pool,  Porter, 
Powell,  Putnam,  Redman,  Sandford,  Tibbetts,  Turner,'  Vedder, 
Veeder  —  44. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Lauterbach,  introductory  No.  35,  reported  by 
the  Committee  on  the  Governor  and  Other  State  Officers,  and 
by  the  Committee  of  the  Whole,  entitled  "  Proposed  constitutional 
amendment  to  amend  section  1  of  article  4,  and  sections  1  and  2 
of  article  5  of  the  Constitution,  in  regard  to  the  terms  of  office, 
powers  and  duties  of  the  Governor,"  etc.,  reports  the  same  as 
examined  and  corrected  and  as  correctly  engrossed. 


CONSTITUTIONAL  CONVENTION.  619 

The  proposed  constitutional  amendment,  printed  No.  392,  in 
words  following: 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Three  of  the  Constitution,  by  Adding  a  Section 
to  Provide  for  the  Occupation  and  Employment  of  Prisoners  in 
the  State  Prisons,  Penitentiaries,  Jails  and  Reformatories  in 
the  State. 

T  ke  JJeleyates  of  the  People  of  the  State  of  New  York,  vn 
Convention  assembled,  do  propose  as  follows : 

Article  3  of  the  Constitution  is  hereby  amended  by  adding 
another  section,  as  follows: 

Sec.  26.  The  Legislature  shall,  by  law,  provide  for  the  occu- 
pation and  employment  of  prisoners  sentenced  to  the  several 
State  prisons,  penitentiaries,  jails  and  reformatories  in  the  State; 
and  on  and  after  January  first,  in  the  year  one  thousand  eight 
hundred  and  ninety-seven,  no  person  in  such  prisons,  peniten- 
tiaries, jails  or  reformatories,  shall  be  required  or  allowed  to 
work,  while  under  sentence  thereto,  at  any  trade,  industry  or 
occupation,  wherein  or  whereby  his  work,  or  the  product  or 
profit  of  his  work,  shall  be  farmed  out,  contracted,  given  or  sold 
to  any  person,  firm,  association  or  corporation. 

This  section  shall  not  be  construed  to  prevent  the  Legislature 
from  providing  that  convicts  may  work  for,  and  that  the  pro- 
ducts of  their  labor  may  be  disposed  of  to  the  State  or  any 
political  division  thereof,  or  for  or  to  any  public  institution 
owned  or  managed  and  controlled  by  the  State,  or  any  political 
division  thereof. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the 
Delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Acker,  Ackerly,  Arnold,  Barhite,  Barnum, 
Becker,  Blake,  Burr,  Campbell,  Carter,  Chipp,  Jr.;  Clark,  G.  W.; 
Coleman,  Crosby,  Davies,  J.  C.;  Davis,  G.  A.;  Deterling,  Deyo, 
Dickey,  Durnin,  Faber,  Floyd,  Forbes,  Francis,  Frank,  Andrew; 
Frank,  Augustus;  Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger, 
Gibney,  Giegerich,  Gilleran,  Goeller,  Green,  A.  H.;  Green,  J.  I.; 
Hecker,  Hedges,  Herzberg,  A.;  Hill,  Hirschberg,  M.  H.;  Holls, 
Jenks,  Johnson,  I.  Sam;  Johnson,  J.;  Kellogg,  Kerwin,  Kimmey, 
Kinkel,  Kurth,  Lauterbach,  Lincoln,  Mantanye,  Marks,  McArthur, 


620  JOURNAL  OF  THE 

McDonough,  McKinstry,  McMillan,  Meyenborg,  Moore,  Morton, 
Nostrand,  Ohmeis,  Parker,  Parmenter,  Pashley,  Phipps,  Porter, 
Powell,  Putnam,  Eedman,  Roche,  Rogers,  Root,  Smith,  Spring- 
weiler,  Storm,  Sullivan,  T.  A.;  Tekulsky,  Tibbetts,  Titus,  Towns, 
Truax,  C.  H. ;  Tucker,  Turner,  Vedder,  Vogt,  Whitmyer,  Wiggins, 
Williams,  Woodward  —  91. 

Noes  —  Messrs.  Abbott,  Baker,  Barrow,  Bigelow,  Bowers, 
Brown,  E.  A.;  Brown,  E.  R.;  Cady?  Cassidy,  Church,  Clark,  H.  A.; 
Cornwell,  Countryman,  Crimmins,  Danforth,  Davenport,  Deady, 
Dean,  Doty,  Emmet,  Foote,  Gilbert,  Goodelle,  Griswold,  Hamlin, 
Hawley,  Lester,  Lewis,  C.  H.;  Lyon,  Manley,  Marshall,  Maybee, 
McClure,  McCurdy,  Mclntyre,  McLaughlin,  C.  B.;  McLaughlin, 
J.  W.;  Mereness,  Nichols,  W.  H.;  Nicoll,  DeL.;  Osborn,  Park- 
hurst,  Pool,  Pratt,  Rowley,  Sandford,  Spencer,  Steele,  W.  H.; 
Veeder,  Wellington,  President  —  51. 

When  the  name  of  Mr.  Ohrneis  was  called,  he  asked  to  be  and 
was  not  excused  from  voting. 

The  hour  having  arrived,  the  Convention  took  a  recess  until 
eight  o'clock. 


EVENING  SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met. 

Mr.  J.  Johnson,  from  the  Committee  on  Cities,  reported  a  pro- 
posed constitutional  amendment,  printed  No.  461,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  8  of 
the  Constitution  by  the  addition  of  new  section,"  reported  in 
favor  of  the  passage  of  the  same,  which  report  was  agreed  to,  and 
said  amendment  committed  to  the  Committee  of  the  Whole. 

Mr.  Root  moved  that  said  proposed  amendment  be  made  a 
special  order  immediately  after  the  consideration  of  General 
Order  No.  67,  printed  No.  460,  "To  amend  article  5  of  the  Con- 
stitution." 


Mr.  President  put  the  question  on  the  motion  of  Mr.  Root, 
it  was  determined  in  the  affirmative,  two-thirds  of  all  the  .Dele- 
gates elected  voting  in  favor  thereof. 

Mr.  J.  Johnson  moved  to  reconsider  the  vote  by  which  General 
Order  No.  9,  printed  No.  339,  entitled  "Proposed  constitutional 


CONSTITUTIONAL  CONVENTION.  621 

amendment  to  amend  article  10  of  the  Constitution,  to  do  away 
with  the  office  of  coroner  as  a  constitutional  office,"  was  passed, 
and  that  that  motion  lay  on  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the  table, 
and  it  was  determined  in  the  affirmative. 

The  proposed  constitutional  amendment,  printed  No.  317,  in 
words  following: 

PROPOSED   CONSTITUTIONAL   AMENDMENT 
To  Amend  Article  Two  of  the  Constitution,  Relative  to  Suffrage. 

T he  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows  : 

Article  2  of  the  Constitution  is  hereby  amended  by  adding 
thereto  a  new  section  to  read  as  follows: 

Sec.  6.  All  laws  creating,  regulating  or  affecting  boards  or 
officers  charged  with  the  duty  of  registering  voters,  or  of  dis- 
tributing ballots  to  voters  at  the  polls,  or  of  receiving,  recording 
or  counting  votes  at  elections,  shall  secure  equal  representation 
of  the  two  political  parties  which,  at  the  general  election  preced- 
ing that  for  which  such  boards  or  officers  are  to  serve,  cast  the 
highest  and  the  next  highest  number  of  votes.  All  such  boards 
and  officers  shall  be  appointed  or  elected  in  such  manner,  and 
upon  the  nomination  of  such  representative  of  said  parties 
respectively,  as  the  Legislature  may  direct.  Existing  laws  on 
this  subject  shall  continue  until  the  Legislature  shall  otherwise 
provide; 

This  section  shall  not  apply  to  town  meetings,  or  to  village 
elections. 

Being  announced  for  third  reading,  Mr.  Jenks  moved  that  said 
amendment  be  recommitted  to  the  Committee  on  Suffrage,  with 
instructions  to  report  forthwith,  amended  as  follows  : 

Page  1,  line  5,  insert  after  the  word  "  ballots  "  the  words  "  at 
the  polls," -and  after  the  word  "voters,"  in  line  5,  page  1,  strike 
out  the  words  "at  the  polls." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Jenfcs. 
and  it  was  determined  in  the  affirmative. 


622  JOURNAL  OF  THE 

Mr.  Roche  then  moved  to  recommit  said  proposed  constitutional 
amendment  to  said  Committee  on  Suffrage,  with  instructions  to 
report  forthwith,  amended  as  follows  : 

Add  at  the  end  thereof  the  words  "in  villages  of  less  than 
five  thousand  inhabitants  according  to  the  last  State  or  Federal 
enumeration." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche, 
and  it  was  determined  in  the  negative. 

Mr.  Barrow  then'  moved  to  recommit  to  said  committee,  with 
instructions  to  report  forthwith,  amended  as  follows  : 
Section  6,  line  7,  after  word  "  election,"  insert  the  word  "  next." 

Mr.  President  then  put  the  question  on  the  motion  of  Mr. 
Barrow,  and  it  was  determined  in  the  affirmative. 

Said  proposed  constitutional  amendment,  printed  No.  317,  as 
amended,  and  in  words  following: 

PROPOSED   CONSTITUTIONAL  AMENDMENT 
To  Amend  Article  Two  of  the  Constitution,  Relative  to  Suffrage. 

The  Delegates  of  the  People  of  the  State  of  New  Yorlt,  in 
Convention  assembled-*  do  propose  as  follows  : 

Article  2  of  the  Constitution  is  hereby  amended  by  adding 
thereto  a  new  section  to  read  as  follows: 

Sec.  6.  All  laws  creating,  regulating  or  affecting  boards  or 
officers  charged  with  the  duty  of  registering  voters,  or  of  dis- 
tributing ballots  at  the  polls  to  voters,  or  of  receiving,  recording 
or  counting  votes  at  elections,  shall  secure  equal  representation 
of  the  two  political  parties  which,  at  the  general  election  next 
preceding  that  for  which  such  boards  or  officers  are  to  serve, 
cast  the  highest  and  the  next  highest  number  of  votes.  All  such 
boards  and  officers  shall  be  appointed  or  elected  in  such  manner, 
and  upon  the  nomination  of  such  representative  of  said  parties 
respectively,  as  the  Legislature  may  direct.  Existing  laws  on 
this  subject  shall  continue  until  the  Legislature  shall  otherwise- 
provide. 

This  section  shall  not  apply  to  town  meetings,  or  to  village 
elections; 

Was  then  read  the  third  time  and  passed,  a  majority  of  all  the 
Delegates  elected  to  the  Convention  voting  in  favor  thereof. 


CONSTITUTIONAL  CONVENTION.  623 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Banks,  Barhite,  Barnum,  Barrow,  Becker,  Blake,  Brown, 
E.  A.;  Burr,  Cady,  Carter,  Cassidy,  Church,  Clark,  G.  W.;  Clark, 
H.  A.;  Cochran,  Coleman,  Cookinham,  Corn  well,  Countryman, 
Crosby,  Danforth,  Davenport,  Davies,  J.  C.;  Davis,  G.  A.;  Deady, 
Dickey,  Doty,  Emmet,  Faber,  Farrell,  Floyd,  Foote,  Francis, 
Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  G-alinger,  Gibney,  Giegerich, 
Gilbert,  Cilleran,  Goodelle,  Green,  A.  H. ;  Green,  J.  I.;  Hamlin, 
Hawley,  Hedges,  Hill,  Hirschberg,  M.  H. ;  Holls,  Hotchkiss,  Jenks, 
Johnson,  I.  Sam;  Johnson,  J.;  Kerwin,  Kimmey,  Kinkel,  Kurth, 
Lauterbach,  Lester,  Lewis,  C.  H. ;  Lyon,  Manley,  Mantanye,  Marks, 
Marshall,  McArthur,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.; 
McLaughlin,  J.  W.;  McMillan,  Mereness,  Moore,  Morton,  Nichols, 
W.  H.;  Nicoll,  DeL.;  Nostrand,  O'Brien,  Ohmeis,  Osborn,  Parker, 
Parkhurst,  Pashley,  Peahody,  Phipps,  Platzok,  Pool,  Porter, 
Powell,  Pratt,  Putnam,  Redman,  Roche,  Root,  Sandford,  Schu- 
maker,  Springweiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sulli- 
van, T.  A.;  Sullivan,  W.;  Tibbetts,  Titus,  Truax,  C.  H.;  Tucker, 
Turner,  Vedder,  Vogt,  Wellington,  Whitmyer,  Wiggins,  Williams, 
Woodward,  President  — 123. 

Noes  —  Messrs.  Chipp,  Jr.;  Dean,  Forbes,  Maybee,  McClure, 
McCurdy,  Meyenborg,  Parmenter,  Veeder  —  9. 

The  proposed  constitutional  amendment,  printed  No.  439,  intro- 
ductory No.  388,  third  reading  No.  61,  entitled  "  To  amend  article 
9  of  the  Constitution,  relating  to  free  common  schools,"  being 
announced  for  third  reading. 

Mr.  Holls  moved  that  the  third  reading  of  said  proposed 
constitutional  amendment,  be  postponed  until  after  General  Order 
No.  67,  printed  No.  460,  introductory  No.  392,  entitled  "  To  amend 
article  5  of  the  Constitution,"  has  been  considered  in  Committee 
of  the  Whole,  and  has  been  ordered  to  a  third  reading. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Holls, 
and  it  was!  determined  in  the  affirmative,  two-thirds  of  all  the 
Delegates  elected  voting  in  favor  thereof. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  the  Committee  on  Cities,  introductory  No.  369, 
reported  by  the  Committee  on  Cities,  and  by  the  Committee  of 
the  Whole,  entitled  "  Proposed  constitutional  amendment  to 
provide  home  rule  for  cities,"  reports  the  same  as  examined 
corrected  and  as  correctly  engrossed. 


624  JOURNAL  OF  THE 

The  proposed  constitutional  amendment,  printed  No.  422,  in 
words  following: 

PROPOSED   CONSTITUTIONAL   AMENDMENT 

To   Amend    Article    Six   of   the   Constitution,    Relating   to   the 

Judiciary. 


The  Delegates  oj  the  People  of  the  State  of  New  Yor^  in 
Convention  assembled,  do  propose  as  follows  : 

Article  6  of  the  Constitution  is  hereby  amended  so  as  to  read 
as  follows: 

Section  1.  The  Supreme  Court  is  continued  with  general 
jurisdiction  in  law  and  equity,  subject  to  such  appellate  jurisdic- 
tion of  the  Court  of  Appeals  as  now  is  or  may  be  prescribed  by 
law  not  inconsistent  with  this  article.  The  existing  judicial  dis- 
tricts of  the  State  are  continued  until  changed  as  hereinafter 
provided.  The  Supreme  Court  shall  consist  of  the  Supreme  Court 
justices  now  in  office,  and  of  the  justices  transferred  thereto  by 
the  fifth  section  of  this  article,  all  of  whom  shall  continue  to  be 
justices  of  the  Supreme  Court  during  their  respective  terms,  and 
of  twelve  additional  justices  who  shall  reside  in  and  be  chosen 
by  the  electors  of  the  several  existing  judicial  districts,  three  in 
the  first  district,  three  in  the  second,  and  one  in  each  of  the  other 
districts;  and  of  their  successors.  The  successors  of  said  justices 
shall  be  chosen  by  the  electors)  of  their  respective  judicial  dis- 
tricts. The  Legislature  may  alter  the  judicial  districts  once  after 
every  enumeration  under  the  Constitution,  of  the  inhabitants  of 
the  State,  and  thereupon  reapportion  the  justices  to  be  there- 
after elected  in  the  districts  so  altered. 

Sec.  2.  The  Legislature  shall  divide  the  State  into  four  judi- 
cial departments.  The  first  department  shall  consist  of  the 
county  of  New  York;  the  others  shall  be  bounded  by  county 
lines,  and  be  compact  and  equal  in  population  as  nearly  as  may 
be.  Once  every  ten  years  the  Legislature  may  alter  the  judicial 
departments,  but  without  increasing  the  number  thereof. 

There  shall  be  an  Appellate  Division  of  the  Supreme  Court  con- 
sisting of  seven  justices  in  the  first  department,  and  of  five4 
justices  in  each  of  the  other  departments.  In  each  department 
four  shall  constitute  a  quorum,  and  the  concurrence  of  three  shall 
be  necessary  to  a  decision.  No  more  than  five  justices  shall  sit 
in  any  case. 


CONSTITUTIONAL  CONVENTION.  625 

From  all  the  justices  elected  to  the  Supreme  Court  the  Gover- 
nor shall  designate  those  who  shall  constitute  the  Appellate 
Division  in  each  department;  and  he  shall  designate  the  pre- 
siding justice  thereof,  who  shall  act  as  such  during  his  term  of 
office,  and  shall  be  a  resident  of  the  department.  The  other  jus- 
tices shall  be  designated  for  terms  of  five  years,  or  the  unexpired 
portions  of  their  respective  terms  of  office,  if  less  than  five  years. 
From  time  to  time  as  the  terms  of  such  designations  expire,  or 
vacancies  occur,  he  shall  make  new  designations.  He  may  also 
make  temporary  designations  in  case  of  the  absence  or  inability 
to  act,  of  any  justice  in  the  Appellate  Division.  A  majority  of 
the  justices  designated  to  sit  in  the  Appellate  Division  in  each 
department  shall  be  residents  of  the  department.  Whenever  the 
Appellate  Division  in  any  department  shall  be  unable  to  dispose 
of  its  business  within  a  reasonable  time,  a  majority  of  the  pre- 
siding justices  of  the  several  departments  at  a  meeting  called  by 
the  presiding  justice  of  the  department  in  arrears  may  transfer 
any  pending  appeals  from  such  department  to  any  other  depart- 
ment for  hearing  and  determination.  No  justice  of  the  Appellate 
Division  shall  exercise  any  of  the  powers  of  a  justice  of  the 
Supreme  Court  other  than  those  of  a  justice  out  of  court  and 
those  pertaining  to  the  Appellate  Division  or  to  the  hearing  and 
decision  of  motions  submitted  by  consent  of  counsels.  From 
and  after  the  last  day  of  December,  one  thousand  eight  hundred 
and  ninety-five,  the  Appellate  Division  shall  have  the  jurisdiction 
now  exercised  by  the  Supreme  Court  at  its  General  Terms,  and  by 
the  General  Terms  of  the  Court  of  Common  Pleas  for  the  city  and 
county  of  New  York,  the  Superior  Court  of  the  City  of  New  York, 
the  Superior  Court  of  Buffalo  and  the  City  Court  of  rooklyn,  and 
such  additional  jurisdiction  as  may  be  conferred  by  the  Legisla- 
ture. It  shall  have  power  to  appoint  and  remove  a  reporter. 

The  justices  of  the  Appellate  Division  in  each  department  shall 
have  power  to  fix  the  times  and  places  for  holding  Special  and 
Trial  Terms  therein,  and  to  assign  the  justices  in  the  departments 
to  hold  such  terms;  or  to  make  rules  therefor. 

Sec.  3.  No  judge  or  justice  shall  sit  in  the  Appellate  Division 
or  in  the  Court  of  Appeals  in  review  of  a  decision  made  by  him 
or  by  any  court  of  which  he  was  at  the  time  a  sitting  member. 
The  testimony  in  equity  cases  shall  be  taken  in  like  manner  as  in 
cases  at  law ;  and  except  as  herein  otherwise  provided,  the  Legis- 
lature shall  have  the  same  power  to  alter  and  regulate  the  juris- 
40 


626  JOURNAL  OF  THE 

diction  and  proceedings  in  law  and  in  equity  that  it  has  heretofore 
exercised. 

Sec.  4.  The  official  terms  of  the  justices  of  the  Supreme 
Court  shall  be  fourteen  years  from  and  including  the  first  day  of 
January  next  after  their  election.  When  a  vacancy  shall  occur 
otherwise  than  by  expiration  of  term  in  the  office  of  justice  of 
the  Supreme  Court,  the  same  shall  be  filled,  for  a  full,  tferm,  at  the 
next  general  election,  happening  not  less  than  three  months  after 
such  vacancy  occurs ;  and,  until  the  vacancy  shall  be  so  filled,  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  if 
the  Senate  shall  be  in  session,  or  if  not  in  session,  the  Governor 
may  fill  such  vacancy  by  appointment,  which  shall  continue  until 
and  including  the  last  day  of  December  next  after  the  election  at 
which  the  vacancy  shall  be  filled. 

Sec.  5.  The  Superior  Court  of  the  City  of  New  York,  the  Court 
of  Common  Pleas  for  the  City  and  County  of  New  York,  the 
Superior  Court  of  Buffalo,  and  the  City  Court  of  Brooklyn,  are 
abolished  from  and  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  ninety-six,  and  thereupon  the  seals,  records, 
papers  and  documents  of  or  belonging  to  such  courts  shall  be 
deposited  in  the  offices  of  the  clerks  of  the  several  counties  in 
which  said  courts  now  exist,  and  all  actions  and  proceedings  then 
pending  in  such  courts  shall  be  transferred  to  the  Supreme  Court 
for  hearing  and  determination.  The  judges  of  said  courts  in 
office  on  the  first  day  of  January,  one  thousand  eight  hundred 
and  ninety-six,  shall,  for  the  remainder  of  the  terms  for  which 
they  were  elected  or  appointed,  be  justices  of  the  Supreme  Court ; 
but  they  shall  sit  only  in  the  counties  in  which  they  were  elected 
or  appointed.  Their  salaries  shall  be  paid  by  the  said  counties 
respectively,  and  shall  be  the  same  as  the  salaries  of  the  other 
justices  of  the  Supreme  Court  residing  in  the  same  counties. 
Their  successors  shall  be  elected  as  justices  of  the  Supreme  Court 
by  the  electors  of  the  judicial  districts  in  which  they  respectively 
reside. 

The  jurisdiction  now  exercised  by  the  several  courts  hereby 
abolished,  shall  be  vested  in  the  Supreme  Court.  Appeals  from 
inferior  and  local  courts  now  heard  in  the  Court  of  Common 
Pleas  for  the  City  and  County  of  New  York  and  the  Superior 
Court  of  Buffalo,  shall  be  heard  in  the  Supreme  Court  in  such 
manner  and  by  such  justice  or  justices  as  the  Appellate  Divisions 
in  the  respective  departments  which  include  New  York  and 
P.nffnlo  sholl  direct,  unless  otherwise  provided  by  the  Legislature. 


CONSTITUTIONAL  CONVENTION.  627 

Sec.  6.  Circuit  Courts  and  Courts  of  Oyer  and  Terminer  are 
abolished  from  and  after  the  last  day  of  December,  one  thousand 
eight  hundred  and  ninety-five.  All  their  jurisdiction  shall  there- 
upon be  vested  in  the  Supreme  Court,  and  all  actions  and  pro- 
ceedings then  pending  in  such  courts  shall  be  transferred  to  the 
Supreme  Court  for  hearing  and  determination.  Any  justice  of 
the  Supreme  Court,  except  as  otherwise  provided  in  this  article, 
may  hold  court  in  any  county. 

Sec.  7.  The  Court  of  Appeals  is  continued.  It  shall  consist 
of  the  chief  judge  and  associate  judges  now  in  office  who  shall 
hold  their  offices  until  the  expiration  of  their  respective  terms, 
and  their  successors,  who  shall  be  chosen  by  the  electors  of  the 
State.  The  official  terms  of  the  chief  judge  and  associate 
judges  shall  be  fourteen  years  from  and  including  the  first  day  of 
January  next,  after  their  election.  Five  members  of  the  court 
shall  form  a  quorum,  and  the  concurrence  of  four  shall  be  neces- 
sary to  a  decision.  The  court  shall  have  the  power  to  appoint 
and  to  remove  its  reporter,  clerk  and  attendants. 

Sec.  8.  When  a  vacancy  shall  occur,  otherwise  than  by  expira- 
tion of  term,  in  the  office  of  chief  or  associate  judge  of  the  Court 
of  Appeals,  the  same  shall  be  filled,  for  a  full  term,  at  the  next 
general  election  happening  not  less  than  three  months  after  such 
vacancy  occurs;  and  until  the  vacancv  shall  be  so  filled,  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  if 
the  Senate  shall  be  in  session,  or  if  not  in  session  the  Governor 
may  fill  such  vacancy  by  appointment.  If  any  such  appointment 
of  chief  judge  shall  be  made  from  among  the  associale  judges, 
a  temporary  appointment  of  associate  judge  shall  be  made  in 
like  manner;  but  in  such  case,  the  person  appointed  chief  judge 
shall  not  be  deemed  to  vacate  his  office  of  associate  judge  any 
longer  than  until  the  expiration  of  his  appointment  as  chief 
judge.  The  powers  and  jurisdiction  of  the  court  shall  not  be 
suspended  for  want  of  appointment  or  election,  when  the  num- 
ber of  judges  is  sufficient  to  constitute  a  quorum.  All  appoint- 
ments under  this  section  shall  continue  until  and  including  the 
last  day  of  December  next  after  the  election  at  which  the  vacancy 
shall  be  filled. 

Sec.  9.  After  the  last  day  of  December,  one  thousand  eight 
hundred  and  ninety-five,  the  jurisdiction  of  the  Court  of  Appeals 
(except  where  the  judgment  is  of  death)  shall  be  limited  to  the 
review  of  questions  of  law.  No  unanimous  decision  of  the 


628  JOURNAL  OF  THE 

Appellate  Division  of  the  Supreme  Court  that  there  is  evidence 
supporting  or  tending  to  sustain  a  finding  of  fact  or  a  verdict  not 
directed  by  the  court,  shall  be  reviewed  by  the  Court  of  Appeals, 
Except  where  the  judgment  is  of  death,  appeals  may  be  taken,  as 
of  right,  to  said  court  only  from  judgments  or  orders  entered 
upon  decisions  of  the  Appellate  Division  of  the  Supreme  Court, 
finally  determining  actions  or  special  proceedings,  and  from 
orders  granting  new  trials  on  exceptions,  where  the  appellants 
stipulate  that  upon  affirmance  judgment  absolute  shall  be  ren- 
dered against  them. 

The  Appellate  Division  in  any  department  may,  however,  allow 
an  appeal  upon  any  question  of  law  which,  in  its  opinion,  ought 
to  be  reviewed  by  the  Court  of  Appeals. 

The  Legislature  may  further  restrict  the  jursidiction  of  the 
Court  of  Appeals  and  the  right  of  appeal  thereto,  but  the  right 
to  appeal  shall  not  depend  upon  the  amount  involved. 

The  provisions  of  this  section  shall  not  apply  to  orders  made 
or  judgments  rendered  by  any  General  Term  before  the  last  day 
of  December,  one  thousand  eight  hundred  and  ninety-five,  but 
appeals  therefrom  may  be  taken  under  existing  provisions  of  law. 

Sec.  10.  The  judges  of  the  Court  of  Appeals1  and  the  justices 
of  the  Supreme  Court  shall  not  hold  any  other  office  or  public 
trust.  All  votes  for  any  of  them,  for  any  other  than  a  judicial 
office,  given  by  the  Legislature  or  the  people,  shall  be  void. 

Sec.  11.  Judges  of  the  Court  of  Appeals  and  justices  of  the 
Supreme  Court,  may  be  removed  by  concurrent  resolution  of  both 
houses  of  the  Legislature  if  two-thirds  of  all  the  members  elected 
to  each  house  concur  therein.  All  other  judicial  officers,  except 
justices  of  the  peace  and  judges  or  justices  of  inferior  courts 
not  of  record  may  be  removed  by  the  Senate,  on  the  recommend- 
ation of  the  Governor,  if  two-thirds  of  all  the  members  elected  to 
the  Senate  concur  therein.  But  no  officer  shall  be  removed  by 
virtue  of  this  section  except  for  cause,  which  shall  be  entered 
on  the  Journals,  nor  unless  he  shall  have  been  served  with  a 
statement  of  the  cause  alleged,  and  shall  have  had  an  opportunity 
to  be  heard.  On  the  question  of  removal,  the  yeas  and  nays  shall 
be  entered  on  the  Journal. 

Sec.  12.  The  judges  and  justices  hereinbefore  mentioned 
shall  receive  for  their  services  a  compensation  established  by 
law  which  shall  not  be  increased  or  diminished  during  their 
official  terms,  except  as  provided  in  section  five  of  this  article. 


CONSTITUTIONAL  CONVENTION.  629 

No  person  shall  hold  the  office  of  judge  or  justice  of  any 
court  longer  than  until  and  including  the  last  day  of  December 
next  after  he  shall  be  seventy  years  of  age. 

No  judge  or  justice  elected  after  the  first  day  of  January,  one 
thousand  eight  hundred  and  ninety-four,  shall  be  entitled  to 
receive  any  compensation  after  the  last  day  of  December  next 
after  he  shall  be  seventy  years  of  age,  but  the  compensation  of 
every  judge  of  the  Court  of  Appeals  or  justice  of  the  Supreme 
Court  elected  prior  to  the  first  day  of  January,  one  thousand 
eight  hundred  and  ninety-four,  whose  term  of  office  has  been,  or 
whose  present  term  of  office  shall  be,  so  abridged,  and  who  shall 
have  served  as  such  judge  or  justice  ten  years  or  more,  shall  be 
continued  during  the  remainder  of  the  term  for  which  he  was 
elected,  but  any  such  judge  or  justice  may,  with  his  consent,  be 
assigned  by  the  Governor,  from  time  to  time,  to  any  duty  in  the 
Supreme  Court  while  his  compensation  is  so  continued. 

Sec.  13.  The  Assembly  shall  have  the  power  of  impeachment, 
by  a  vote  of  a  majority  of  all  the  members  elected.  The  court 
for  the  trial  of  impeachments  shall  be  composed  of  the  President 
of  the  Senate,  the  Senators,  or  a  major  part  of  them,  and  the 
judges  of  the  Court  of  Appeals,  or  a  major  part  of  them.  On 
the  trial  of  an  impeachment  against  the  Governor  or  Lieu  ten  ant- 
Governor,  the  Lieutenant-Governor  shall  not  act  as  a  member  of 
the  court.  No  judicial  officer  shall  exercise  his  office,  after 
articles  of  impeachment  against  him  shall  have  been  preferred 
to  the  Senate,  until  he  shall  have  been  acquitted.  Before  the 
trial  of  an  impeachment  the  members  of  the  court  shall  take  an 
oath  or  affirmation  truly  and  impartially  to  try  the  impeachment 
according  to  the  evidence,  and  no  person  shall  be  convicted  with- 
out the  concurrence  of  two-thirds  of  the  members  present.  Judg- 
ment in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  or  removal  from  office  and  disqualification 
to  hold  and  enjoy  any  office  of  honor  trust  or  profit  under  this 
State;  but  the  party  impeached  shall  be  liable  to  indictment  and 
punishment  according  to  law. 

Sec.  14.  The  existing  County  Courts  are  continued,  and  the 
judges  thereof  now  in  office  shall  hold  their  offices  until  the 
expiration  of  their  respective  terms.  In  the  county  of  Kings 
there  shall  be  two  county  judges,  and  the  additional  county 
judge  shall  be  chosen  at  the  next  general  election  held  after  the 
adoption  of  this  article.  The  successors  of  the  several  county 


630  JOURNAL  OF  THE 

judges  shall  be  chosen  by  the  electors  of  the  counties  for  the 
term  of  six  years.  County  Courts  shall  have  the  powers  and 
jurisdiction  they  now  possess  and  also  original  jurisdiction  in 
actions  for  the  recovery  of  money  only,  where  the  defendants 
reside  in  the  county,  and  in  which  the  complaint  demands  judg- 
ment for  a  sum  not  exceeding  two  thousand  dollars.  The  Legis- 
lature may  hereafter  enlarge  or  restrict  the  jurisdiction  of  the 
County  Courts,  provided,  however,  that  their  jurisdiction  shall 
not  be  so  extended  as  to  authorize  an  action  therein  for  the 
recovery  of  money  only  in  which  the  sum  demanded  exceeds  two 
thousand  dollars,  or  in  which  any  person  not  a  resident  of  the 
county  is  a  defendant. 

Courts  of  Sessions,  except  in  the  county  of  New  York, 
are  abolished  from  and  after  "  the  last  day  of  December, 
one  thousand  eight  hundred  and  ninety-five.  All  the 
jurisdiction  of  the  Court  of  Sessions  in  each  county,  except 
the  county  of  New  York,  shall  thereupon  be  vested  in  the  County 
Court  thereof,  and  all  actions  and  proceedings  then  pending  in 
such  Courts  of  Sessions  shall  be  transferred  to  said  County 
Courts  for  hearing  and  determination.  Every  county  judge 
shall  perform  such  duties  as  may  be  required  by  law.  His  salary 
shall  be  established  by  law,  payable  out  of  the  county  treasury. 
A  county  judge  of  any  county  may  hold  County  Courts  in  any 
other  county  when  requested  by  the  judge  of  such  other  county. 

Sec.  15.  The  existing  Surrogate's  Courts  are  continued,  and 
the  surrogate's  now  in  office  shall  hold  their  offices  until  the 
expiration  of  their  terms.  Their  successors  shall  be  chosen  by 
the  electors  of  their  respective  counties,  and  their  terms  of  office 
shall  be  six  years,  except  in  the  county  of  New  York,  where 
they  shall  continue  to  be  fourteen  years.  Surrogates  and 
Surrogate's  Courts  shall  have  the  jurisdiction  and  powers  which 
the  surrogates  and  existing  Surrogate's  Courts  now  possess, 
until  otherwise  provided  by  the  Legislature.  The  county 
judge  shall  be  surrogate  of  his  county,  except  where  a  separate 
surrogate  has  been  or  shall  be  elected.  In  counties  having  a 
population  exceeding  forty  thousand,  wherein  there  is  no  separate 
surrogate,  the  Legislature  may  provide  for  the  election  of  a 
separate  officer  to  be  surrogate,  wThose  term  of  office  shall  be  six 
years.  When  the  surrogate  shall  be  elected  as  a  separate  officer 
his  salary  shall  be  established  by  law,  payable  out  of  the  county 
treasury.  No  county  judge  or  surrogate  shall  hold  office  longer 


CONSTITUTIONAL  CONVENTION.  631 

than  until  and  including  the  last  day  of  December  next  after  he 
shall  be  seventy  years  of  age.  Vacancies  occurring  in  the  office 
of  county  judge  or  surrogate  shall  be  filled  in  the  same  manner 
as  like  vacancies  occurring  in  the  Supreme  Court.  The  compen- 
sation of  any  county  judge  or  surrogate  shall  not  be  increased 
or  diminished  during  his  term  of  office.  For  the  relief  of  Sur- 
rogate's Courts  the  Legislature  may  confer  upon  the  Supreme 
Court,  in  any  county  having  a  population  exceeding  four  hundred 
thousand,  the  powers  and  jurisdiction  of  surrogates,  with 
authority  to  try  issues  of  fact  by  jury  in  probate  cases. 

Sec.  16.  The  Legislature  may,  on  application  of  the  board  of 
supervisors,  provide  for  the  election  of  local  officers,  not  to  exceed 
two  in  any  county,  to  discharge  the  duties  of  county  judge  and 
of  surrogate,  in  cases  of  their  inability  or  of  a  vacancy,  and  in 
such  other  cases  as  may  be  provided  by  law,  and  to  exercise 
such  other  powers  in  special  cases  as  are  or  may  be  provided 
by  law. 

Sec.  17.  The  electors  of  the  several  towns  shall,  at  their 
annual  town  meetings,  or  at  such  other  time  and  in  such  manner 
as  the  Legislature  may  direct  elect  justices  of  the  peace,  whose 
term  of  office  shall  be  four  years.  In  case  of  an  election  to  fill  a 
vacancy  occurring  before  the  expiration  of  a  full  term,  they  shall 
hold  for  the  residue  of  the  unexpired  term.  Their  number  and 
classification  may  be  regulated  by  law.  Justices  of  the  peace 
and  judges  or  justices  of  inferior  courts  not  of  record,  and  their 
clerks,  may  be  removed  for  cause,  after  due  notice  and  an  oppor- 
tunity of  being  heard  by  such  courts  as  are  or  may  be  prescribed 
by  law.  Justices  of  the  peace  and  district  county  justices  may 
be  elected  in  the  different  cities  of  this  State  in  such  manner,  and 
with  such  powers,  and  for  such  terms,  respectively,  as  are  or  shall 
be  prescribed  by  law;  all  other  judicial  officers  in  cities,  whose 
election  or  appointment  is  not  otherwise  provided  for  in  this 
article,  shall  be  chosen  by  the  electors  of  such  cities,  or  appointed 
by  some  local  authorities  thereof. 

Sec.  18.  Inferior  local  courts  of  civil  and  criminal  jurisdiction 
may  be  established  by  the  Legislature,  but  no  inferior  local  court 
hereafter  created  shall  be  a  court  of  record.  The  Legislature 
shall  not  hereafter  confer  upon  any  inferior  or  local  court  of  its 
creation  any  equity  jurisdiction  or  any  greater  jurisdiction  in 
other  respects  than  is  conferred  upon  County  Courts  by  or  under 
this  article. 


632  JOURNAL  OF  THE 

Except  as  herein  otherwise  provided  all  judicial  officers  shall 
be  elected  or  appointed  at  such  times  and  in  such  manner  as 
the  Legislature  may  direct. 

Sec.  19.  Clerks  of  the  several  counties  shall  be  clerks  of  the 
Supreme  Court  with  such  powers  and  duties  as  shall  be  pre- 
scribed by  law.  The  justices  of  the  Appellate  Division  in  each 
department  shall  have  power  to  appoint  and  to  remove  a  clerk 
who  shall  keep  his  office  at  a  place  to  be  designated  by  said 
justices.  The  clerk  of  the  Court  of  Appeals  shall  keep  his  office 
at  the  seat  of  government.  The  clerk  of  the  Court  of  Appeals 
and  the  clerks  of  the  Appellate  Division  shall  receive  compensa- 
tion to  be  established  by  law  and  paid  out  of  the  public  treasury. 

Sec.  20.  No  judicial  officer  except  justices  of  the  peace, 
shall  receive  to  his  own  use  any  fees  or  perquisites  of  office; 
nor  shall  any  judge  of  the  Court  of  Appeals,  or  justice  of  the 
Supreme  Court,  or  any  county  judge  or  surrogate  hereafter 
elected  in  a  county  having  a  population  exceeding  one  hundred 
and  twenty  thousand,  practice  as  an  attorney  or  counselor  in  any 
court  of  record  in  this  State,  or  act  as  referee. 

The  Legislature  may  impose  a  single  prohibition  upon  county 
judges  and  surrogates  in  other  counties. 

No  one  shall  be  eligible  to  the  office  of  judge  of  the  Court  of 
Appeals,  justice  of  the  Supreme  Court,  or,  except  in  the  county 
of  Hamilton,  to  the  office  of  county  judge  or  surrogate,  who  is 
not  an  attorney  and  counselor  of  this  State. 

Sec.  21.  The  Legislature  shall  provide  for  the  speedy  publica- 
tion of  all  statutes,  and  shall  regulate  the  reporting  of  the 
decisions  of  the  courts;  but  all  laws  and  judicial  decisions  shall 
be  free  for  publication  by  any  person. 

Sec.  22.  Justices  of  peace  and  other  local  judicial  officers 
provided  for  in  sections  seventeen  and  eighteen,  in  office  when 
this  article  takes  effect,  shall  hold  their  offices  until  the  expira- 
tion of  their  respective  terms. 

Sec.  23.  Courts  of  Special  Sessions  shall  have  such  jurisdic- 
tion of  offenses  of  the  grade  of  misdemeanors  as  may  be 
prescribed  by  law. 

Being  announced  for  third  reading,  Mr.  Hirschberg  moved  that 
the  same  be  recommitted  to  the  Committee  on  Judiciary,  with 
instructions  to  report  the  same  forthwith,  amended  as  follows  : 

Line  3,  page  2,  strike  out  the  words  "  three  in  the  second  '' 
and  insert  in  lieu  thereof  the  words  "  five  in  the  second." 


CONSTITUTIONAL  CONVENTION.  633 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Hirsch- 
berg. 

Messrs.  Parkhurst  and  Cochran  were  appointed  as  tellers,  and 
announced  the  following  as  the  vote,  ayes  36,  noes  60;  and  said 
motion  was  declared  lost* 

Mr.  A.  H.  Green  moved  to  recommit  said  proposed  constitutional 
amendment  to  the  Committee  on  Judiciary,  with  instructions  to 
report  the  same  forthwith,  amended  as  follows: 

Page  9,  lines  4  and  5,  strike  out  "  by  law  "  and  insert  instead 
as  follows,  "  the  judges  of  the  Court  of  Appeals  each  a  salary  of 
$7,500  per  year,  together  with  $1,000  for  expenses.  The  justices 
of  the  Supreme  Court  each  a  salary  of  $5,000  per  year,  together 
with  $500  for  expenses." 

Messrs.  Parkhurst  and  Cochran  were  appointed  as  tellers,  who 
announced  the  following  vote,  ayes  28,  noes  50;  and  the  motion 
was  declared  lost. 

Mr.  Dickey  moved  to  recommit  said  proposed  constitutional 
amendment  to  the  Committee  on  Judiciary,  with  instructions  to 
report  forthwith,  amended  as  follows: 

Page  2,  line  18,  by  striking  out  word  "five"  and  inserting 
"  three." 

Mr.  President  then  put  the  question  on  the  motion  of  Mr. 
Dickey,  and  it  was  determined  in  the  negative. 

Mr.  McKinstry  moved  that  the  proposed  constitutional  amend- 
ment be  recommitted  to  the  Committee  on  Judiciary,  with 
instructions  to  report  the  same  forthwith,  with  the  first  sentence 
of  section  4  amended  to  read  as  follows: 

"  Section  4.  The  official  terms  of  the  justices  of  the  Supreme 
Court  elected  after  January  1,  1895,  shall  be  ten  years  from  and 
including  the  first  day  of  January  next  after  their  election; 
such  justices  elected  prior  to  January  1,  1895,  shall  serve  for  the 
remainder  of  the  terms  for  which  they  were  elected." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McKinstry, 
and  it  was  determined  in  the  negative. 

Mr.  Griswold  moved  that  said  proposed  constitutional  amend- 
ment be  recommitted  to  the  Committee  on  Judiciary,  with 
instructions  to  report  the  same  forthwith,  amended  as  follows: 

Insert  in  line  8,  after  the  word  "  further,"  "  enlarge  or." 


634  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Griswold, 
and  it  was  determined  in  the  negative. 

Mr.  Dickey  moved  that  said  proposed  constitutional  amend- 
ment be  recommitted  to  the  Committee  on  Judiciary,  with 
instructions  to  report  the  same  forthwith,  amended  as  follows: 

Amend  section  7  by  adding  to  the  end  thereof  the  following  : 
"Whenever,  and  as  often  as  there  shall  be  an  accumulation  of 
causes  on  the  calendar  of  the  Court  of  Appeals,  that  the  public 
interests  require  a  more  speedy  disposition  thereof  the  said 
court  may  certify  such  fact  to  the  Governor,  who  shall  thereupon 
designate  seven  judges  of  the  Supreme  Court  to  act  as  associate 
judges  for  the  time  being  of  the  Court  of  Appeals,  and  to  form 
a  second  division  of  said  court,  and  who  shall  act  as  such  until 
all  the  causes  on  the  said  calendar  at  the  time  of  the  making  of 
such  certificate  are  determined,  or  the  judges  of  said  court,  elected 
as  such,  shall  certify  to  the  Governor  that  said  causes  are 
substantially  disposed  of,  and  on  receiving  such  certificate^  the 
Governor  may  declare  such  division  dissolved,  and  the  designa- 
tion of  justices  to  serve  thereon  shall  thereupon  expire.  The 
Second  Division  of  said  court  hereby  authorized  to  be  constituted, 
shall  be  competent  to  determine  any  causes  on  said  calendar 
which  may  be  assigned  to  such  division  by  the  court,  composed 
of  judges  elected  to  serve  in  the  Court  of  Appeals,  and  that  court 
may  at  any  time  before  judgment  direct  any  of  the  causes  so 
assigned  to  be  restored  to  its  calendar  for  hearing  and  decision. 
The  rules  of  practice  in  both  divisions  shall  be  the  same.  Five 
members  of  the  court  shall  be  sufficient  to  form  a  quorum  for 
said  Second  Division,  and  the  concurrence  of  four  shall  be  neces- 
sary to  a  decision.  The  judges  composing  said  Second  Division 
shall  appoint  from  their  number  a  chief  judge  of  said  division, 
and  the  Governor  may,  from  time  to  time,  when  in  his  judgment 
the  public  interests  may  require,  change  the  designation  of  any 
justice  of  the  Supreme  Court  to  serve  in  such  division,  and  may 
fill  any  vacancy  occurring  therein,  by  designating  any  justice  of 
the  Supreme  Court  to  fill  such  vacancy.  Said  Second  Division 
may  appoint  and  remove  a  crier  and  such  attendants  as  may  be 
necessary.  The  judges  composing  said  Second  Division  shall  not, 
during  the  time  of  their  service  therein,  exercise  any  of  the 
functions  of  justices  of  the  Supreme  Court,  nor  receive  any  salary 
or  compensation  as  such  justices,  but  in  lieu  thereof  shaH  during 
such  term  of  service,  receive  the  same  compensation  as  the 


CONSTITUTIONAL  CONVENTION.  635 

associate  judges  of  the  Court  of  Appeals.  They  shall  have  power 
to  appoint  the  times  and  places  of  their  sessions  within  this 
State,  and  the  clerk  and  reporter  of  the  Court  of  Appeals  shall 
be  the  clerk  and  reporter  of  said  Second  Division. 

And  also  amend  section  9,  so  as  to  strike  out  the  words 
"  make  the  right  to  appeal  depend  upon  the  amount  involved," 
and  insert  instead  thereof,  "  increase  the  amount  or  value  upon 
which  the  right  to  appeal  is  now  limited  by  law/'  so  section 
shall  read: 

Sec.  9.  After  the  last  day  of  December,  1895,  the  juris- 
diction of  the  Court  of  Appeals  (except  where  the  judgment  is 
of  death)  shall  be  limited  to  the  review  of  questions  of  law. 
No  unanimous  decision  of  the  Appellate  Division  of  the  Supreme 
Court  that  there  is  evidence  supporting  or  tending  to  sustain  a 
finding  of  fact  or  a  verdict  not  directed  by  the  court,  shall  be 
reviewed  by  the  Court  of  Appeals.  Except  where  the  judgment 
is  of  death,  appeals  shall  be  taken  to  said  court  only  from 
judgments  or  orders  entered  upon  decisions  of  the  Appellate 
Division  of  the  Supreme  Court,  finally  determining  actions  or 
special  proceedings,  and  from  orders  granting  new  trials  on 
exceptions,  where  the  appellants  stipulate  that  upon  affirmance, 
judgment  absolute  shall  be  rendered  against  them. 

The  Appellate  Division  in  any  department  may  allow  an 
appeal  in  any  case  which,  in  its  opinion,,  involves  a  question  of 
law  which  ought  to  be  reviewed  by  the  Court  of  Appeals. 

The  Legislature  may  further  restrict  the  jurisdiction  of  the 
Court  of  Appeals,  and  the  right  to  appeal  thereto,  but  it  shall 
never  increase  the  amount  or  value  upon  which  the  right  to 
appeal  is  now  limited  by  law. 

Mr.  President  put  the  question  on  the/  motion  of  Mr.  Dickey, 
and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Ackerly,  Arnold,  Barnuin,  Blake,  Burr.  Clark, 
H.  A.;  Cochran,  Crosby,  Davenport,  Davis,  G.  A.;  Deady,  Deyo, 
Dickey,  Durfee,  Emmet,  Faber,  Farrell,  Floyd,  Fuller,  C.  A.; 
Gibney,  Gilleran  Goeiler,  Green,  J.  I.;  Griswold,  Hedges,  Hirsch- 
berg,  M.  H. ;  Holcomb,  Hotchkiss,  Hottenroth,  Jenks,  Johnson,  J. ; 
Kellogg,  Kerwin,  Kimmey,  Mantanye,  Marks,  Maybee,  McArthur, 
McClure,  McKinstry,  McLaughlin,  J.  W.;  Mereness,  Meyenborg, 
Osborn,  Parmenter,  Peabody,  Peck,  Pratt,  Roche,  Sandford, 
Smith,  Steele,  W.  H.;  Sullivan,  W.;  Titus,  Towns,  Veeder,  Wig- 
gins, Williams,  President  —  59. 


636  JOURNAL  OF  THE 

Noes  —  Messrs.  Acker,  Allaben,  Baker,  Banks,  Barhite,  Barrow, 
Bowers,  Brown,  E.  A. ;  Bush,  Cady,  Carter,  Cassidy,  Church,  Clark, 
G.  W.;  Coleman,  Cookinham,  Cornwell,  Countryman,  Danforth, 
Davies,  J.  C.;  Dean,  Deterling,  Doty,  Durnin,  Foote,  Francis, 
Frank,  Andrew;  Frank,  Augustus;  Fraser,  Fuller,  O.  A.;  Galin- 
ger,  Goodelle,  Green,  A.  H.;  Hanilin,  Hawley,  Hecker,  Herz- 
berg,  A.;  Hill,  Holls,  Johnson,  I.  Sam;  Kinkel,  Kurth,  Lauterbach, 
Lester,  Lewis,  C.  H.;  Lincoln,  Lyon,  Manley,  Marshall,  McDon- 
ough,  Mclntyre,  McLaughlin,  C.  B.;  McMillan,  Moore,  Morton, 
Nichols,  W.  H.;  Nicoll,  De  L.;  Nostrand,  O'Brien,  Parker, 
Parkhurst,  Pashley,  Phipps,  Platzek,  Porter,  Powell,  Putnam, 
lledinan,  Koot,  Schumaker,  Springweiler,  Steel e,  A.  B.;  Sullivan, 
T.  A.;  Tekulsky,  Tibbetts,  Truax,  C.  H.;  Turner,  Vedder,  Vogt, 
Wellington,  Whitmyer,  Woodward  —  83. 

The  hour  having  arrived,  the  Convention  adjourned. 


Thursday,  September  13,  1894, 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  D.  W.  T.  Van  Doren. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Wed- 
nesday, September  twelfth,  was  dispensed  with. 

On  motion  of  Mr.  Schumaker,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  E.  A.  Merritt,  of  St.  Lawrence  county. 

On  motion  of  Mr.  Gilbert,  the  privileges    of   the   floor   were 
extended  to  State  Senator  Kilburn. 

On  motion  of  Mr.  Jenks,  the  privileges  of  the    floor    were 
extended  to  James  G.  Blaine,  of  Maine. 

By  vote  of  the  Convention  the  following  member  was  excused 
from  attendance  as  follows  :     Mr.  Kellogg,  September  thirteenth. 

The  last  Record  appearing  upon  the  files  of  members  to-day 
is  of  date  August  twenty-seventh. 

Mr.  Kurth  offered  a  resolution  in  words  following  : 
Whereas,  from  the  files  upon  the  desks  of  the  Delegates  to  this 
Convention  at  the  present  time,  it  appears  that  the  records  and 
proceedings  of  said  Convention  are  not  printed  later  than  Satur- 
day, August  the  twenty-seventh  inst,  or  seventeen  days  ago. 


CONSTITUTIONAL  CONVENTION.  637 

Resolved,  That  the  Compiler  be  and  he  is  hereby  directed  to 
inform  this  Convention  forthwith,  the  cause  of  such  delay  or 
neglect. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 
Mr.  Lyon  made  the  following  report: 

The  committees  on  Privileges  and  Elections  and  Contingent 
Expenses,  to  which  jointly  was  referred  the  annexed  claim  of 
Harvey  W.  Putnam  and  Thomas  A.  Sullivan,  Delegates  from  the 
Thirtieth  Senatorial  district,  for  counsel  fee  and  disbursement, 
aggregating  $2,388.79,  incurred  in  contesting  the  seats  held  by 
Messrs.  Trapper  and  Beckwith,  would  respectfully  report  that, 
in  the  opinion  of  said  committees,  each  claim  is  fair  and  reason- 
able, and  ought  to  be  allowed. 

M.  H.  HIRSCHBERG, 
Chairman  of  Committee  on  Privileges  and  Elections. 

GEORGE  F.  LYON, 
Chairman  of  Committee  on  Contingent  Expenses. 

Mr.  Countryman  stated  that  he  had  taken  no  part  in  said 
report. 

Mr.  E.  A.  Brown,  Mr.  Deady,  Mr.  Whitmyer,  Mr.  Faber, 
dissenting. 

In  the  matter  of  the  claim  of  Harvey  W.  Putnam  and  Thomas 
A .  Sullivan  for  expenses  incurred  in  their  contest  for  their  seats 
in  the  Constitutional  Convention  from  the  Thirtieth  Senatorial 
district,  against  Herman  F.  Trapper  and  Charles  Beckwith. 

The  contestants,  Putnam  and  Sullivan,  having  joined  in  said 
contest  and  having  employed  the  same  counsel  and  having  borne 
jointly  the  expenses  thereof,  respectfully  present  the  following 
claim  with  annexed  detailed  statements)  and  verification  thereof, 
of  their  expenses  and  disbursements  in  said  contest. 

1894. 
June  28.     For  legal    services,    counsel    fee,    as    per 

annexed  statement,  No.  1 $2,000  00 

For    disbursements    of     counsel    as     per 

annexed  statement,  No.  2 305  35 

For  personal  disbursements  and  expenses, 

as  per  annexed  statement,  No.  3 83  44 


Total $2,388  79 


638  JOURNAL  OF  THE 

(No.  1.) 
HAKVEY  W.  PUTNAM  AND  THOMAS  A.  SULLIVAN,  TO 

1894.  SEWARD  A.  SIMONS,  DR. 

Jan.  1  to  May  1.    Retainer   and   proceedings   before 
canvassing  board,  and  preliminary  investigation  in 

respect  to  contest $250  00 

May  2,  3.     Preparation  of  petition  of  Convention ....  40  00 

May  6,  7,  8,  9.     Time  at  Albany 80  00 

May  1  to  16.     Preparation  for  trial,  and  trial  of  case 

before  committee 500  00 

May  16  to  22.     Preparation  for  brief 100  00 

May  23,  24.     Albany 40  00 

May  25  to  30.     Brief  in  contest 250  00 

May  31.     Argument  before  committee 100  00 

May  31  to  June  2.     Albany 60  00 

June  14,  15.     Albany 40  00 

June  27,  28.     Albany 40  00 

Services  in  writ  of  prohibition 500  00 


f2,000  00 

(No.  2.) 
1894.  DISBURSEMENTS  OF  COUNSEL. 

May  6,  7,  8,  9.    Traveling  expenses.  .  .     f  32  50 

May  16.    Hotel 7  50 

May  23,  24.     Traveling  expenses  and  hotel 24  20 

May  31  to  June  3.    Traveling  expenses  and  hotel ...  35  95 

June  14  and  15.    Traveling  expenses  and  hotel 25  00 

Telegrams,  express  and  postage ...  10  70 

June  27  and  28.    Traveling  expenses  and  hotel 25  30 

Stenographer  on  brief 14  00 

Stenographer. 34  50 

Courier  Company  brief 95  70 


$305  35 

Total  services,  etc $2,000  00 

Total  expenses 305  35 


$2,305  35 

Received  payment, 

SEWARD  A.  SIMONS. 


CONSTITUTIONAL  CONVENTION.  639 

(No.  3.) 

PEESONAL  DISBURSEMENTS. 

1894. 

May  5.     Stationary  and  typewriting $2  84 

May  7,  8.    Car  fare  and  expenses,  Albany,  T.  A.  S.. .  24  70 

May  7,  8.     Car  fare  and  expenses,  Albany,  H.  W.  P. .  24  70 

May  14.    Express  charges 45 

May  15,  16,  17.     Paid  serving  (19)  subpoenas,  milage, 

messengers,  telephone,  etc.,  during  trial 29  10 

June  20.     Telegrams 1  15 

June  20.    Express  charges 50 


Total |83  44 

State  of  New  York,  City  and  County  of  Albany,  ss. : 

Harvey  H.  Putnam  and  Thomas  A.  Sullivan,  being  severally 
duly  sworn,  each  for  himself,  deposes  and  says,  that  he  did  join 
with  the  other  in  the  matter  of  the  election  contest  for  their  seats 
in  the  Constitutional  Convention  of  1894,  as  members  thereof, 
from  the  Thirtieth  Senatorial  district  of  Erie  county,  New  York; 
that  the  several  sums  charged  in  the  annexed  claim  for  the  legal 
costs  and  expenses  were  necessarily  incurred  by  them  in  said 
contest  and  are  true  and  correct;  that  the  services  were  neces- 
sarily rendered  and  performed,  and  that  the  compensation 
charged  therefor  is  fair  and  reasonable  for  such  services,  and 
that  the  disbursements  therein  charged  have  been  actually  and 
necessarily  incurred  and  paid  by  them;  that  the  whole  of  said 
amount,  amounting  to  |2,283.79,  is  just  and  fair,  and  no  part  of 
the  same  has  been  paid  or  satisfied. 

(Signed)  THOMAS   A.    SULLIVAN. 

(Signed)  HARVEY  W.  PUTNAM. 

Sworn  to  before  me  this  18th  day  of  July,  1894. 

(Signed)  JOHN  T.  McDONOUGH, 

Notary  Public  in  and  for  Albany  county. 

In  connection  therewith  Mr.  Cookinham  offered  a  resolution 
in  words  following  : 

Resolved,  That  Harvey  W.  Putnam  and  Thomas  A.  Sullivan 
be  and  they  are  allowed  the  sum  of  $2,383.79,  their  expenses  for 


640  JOURNAL  OF  THE 

counsel  fee  and  disbursements  in  their  contest  in  the  Thirtieth 
district,  against  Herman  F.  Trapper  and  Charles  Beckwith. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rule. 

Mr.  Kinkel  presented  the  bill  of  John  C.  Kinkel,  Charles  L. 
Pashley,  J.  Lott  Nostrand,  William  Deterling  and  Charles  J. 
Kurth,  for  their  expenses  and  counsel  fees  in  their  contest  to 
obtain  their  seats  as  Delegates  in  this  Convention: 

New  York,  August  14,  1894. 

State  of  New  York,  to  John  C.  Kinkel,    Charles    L.    Pashley, 
J.  Lott  Nostrand,  William  Deterling,  Charles  J.  Kurth,  Drs. 

1893  and  1894.     To  expenses  for  counsel  fees 'in  action 
of  John  C.  Kinkel  against  James  W.  Riggs,  in  con- 
test for  seat  as  Delegate  to  the  Constitutional  Con- 
vention, from  the  Sixth  Senatorial  district,  Kings 
county,  New  York $1,200  00 

To  expenses  for  counsel  fees  in  action  of  Charles  J. 
Pashley  against  Eugene  Curran,  in  contset  for  seat 
in  said  last  named  district 1,200  00 

To  expenses  for  counsel  fees  in  action  of  William 
Deterling  against  George  W.  Roderick,  in  contest 
for  seat  in  said  last  mentioned  district 1,200  00 

To  expenses  for  counsel  fees  in  action  of  J.  Lott  Nos- 
trand against  William  M.  Mullen,  for  contest  for 
seat  in  said  last  mentioned  district 1,200  00 

To  expenses  for  counsel  fees  in  action  of  Charles  J. 
Kurth  against  Thomas  W.  Fitzgerald,  for  contest  for 
seat  in  said  last  mentioned  district 1,200  00 

DISBURSEMENTS. 

Paid  for  stenographer  fees,  witness  fees,  copying 
papers,  etc.,  traveling  expenses,  and  expert  account 
in  the  above  cases 542  25 

$6,542  25 


CONSTITUTIONAL  CONVENTION.  641 

Brooklyn,  N.  Y.,  August  14,  1894. 

Hon.  John  C.  Kinkel,  Hon.  Charles  L.  Pashley,  Hon.  J.  Lott 
Nostrand,  Hon.  William  Deterling,  Hon.  Charles  J.  Kurth,  to 
Kiendl  Bros.,  Dr. 

To  professional  services  rendered  in  case  of  John  C. 
Kinkel  against  James  W.  Riggs.     Also  in  case  of  \    , 

Charles  L.  Pashley  against  Eugene  Curran.  Also 
in  case  of  William  Deterling  against  George  W. 
Roderick.  Also  in  case  of  J.  Lott  Nostrand  against 
William  M.  Mullen.  Also  in  case  of  Charles  J. 
Kurth  against  Thomas  W.  Fitzgerald,  from  Novem- 
ber 7,  1893,  to  August  7,  1894,  in  attendance  before 
Board  of  Canvassers  during  canvass,  drawing  pro- 
tests and  objections  to  canvass,  filing  same  with 
State  Board  of  Canvassers,  drawing  petition  and 
presenting  same  to  Constitutional  Convention. 
Preparing  cases  and  witnesses  and  various  trips  to 
Richmond  county,  Gravesend  jail  and  penitentiary, 
examining  fifty-nine  witnesses,  consulting  over 
seventy-five  witnesses  in  Richmond  county  and 
Kings  county,  cross-examining  five  witnesses.  Pre- 
paring subpoenas.  Attendance  at  Albany  on  pre- 
sentation of  petition  and  various  hearings  before 
Committee  on  Privileges  and  Elections.  Also 
attendance  before  committee  at  Richmond  county  in 
the  city  of  Brooklyn,  at  Albany,  the  jail  and  the 
penitentiary,  and  taking  testimony  of  sixty-four 
witnesses,  each  of  the  hearings  before  the  committee 
occupying  almost,  the  entire  day.  Preparing  state- 
ment from  election  returns  and  poll  registry  lists, 
containing  about  50,000  pages.  Copying  papers  in 
contempt  proceedings  and  nineteen  indictments 
against  McKane,  Sutherland,  Newton  and  others. 
See  exhibits  (statements),  attendance  at  Albany 
before  sub-committee  at  various  times  on  argument. 
Preparing  brief,  argument  before  committee. . . .  $6,000  00 

41 


642  JOURNAL  OF  THE 

1  DISBURSEMENTS. 
May  7,  8  and  9.  Paid  expenses  to  Albany  and  return  on 

attendance  before  Convention  and  committee 20  00 

May  9  and  10.  Paid  witness  fees 24  00 

May  11.  Serving  witnesses 20  00 

May  26.  Witness  fees,  Richmond  county. 27  00 

May  26.  Serving  witnesses  with  subpoenas 20  00 

May  26.  Witness  fees  in  Brooklyn  and  serving .......  17  50 

June  1.  Witness  fees  and  serving 3  00 

June  11.  Miss  F.  Farrell  for  taking  testimony  at  first 

hearing  in  absence  of  Convention  Stenographer. ...  20  25 

June  14  and  15.  Expenses  to  Albany  and  return 15  00 

Certified  copy  indictment 300 

Certified  copy  election  returns 300 

June  26  and  27.  Expenses  to  Albany  and  return 15  00 

June  10.  Expenses  to  Albany  and  return 15  00 

June  10.  Expert  bookkeeper  preparing  statements  of 

votes,  etc.    (See  Exhibits) 250  00 

July.  Expenses  to  Albany  and  return 15  00 

July.  Expenses  to  Albany  and  return 15  00 

July.  Expenses  to  Albany  and  return 15  00 

Douglas  Taylor,  printing  brief 44  50 


$6,542  25 


State  of  New  York,  County  of  Kings,  City  of  Brooklyn,  ss. : 

Adolph  Kiendl,  being  duly  sworn,  says  that  he  is  one  of  the 
attorneys  for  the  contestants  in  the  above-mentioned  matters; 
that  said  annexed  bill  and  the  items  therein  contained,  are  in 
all  respects  true  and  correct,  and  said  disbursements  have  been 
actually  made  and  were  necessary  for  the  proper  conduct  of  the 
contestant  side  of  the  cases.  That  said  counsel  fees  are  fair  and 
reasonable  charges  for  said  services,  as  deponent  verily  believes. 

ADOLPH  KIENDL. 

Sworn  to  before  me  this  llth  day  of  September,  1894. 

1       JOHN  KAPP, 
Commissioner  of  Deeds,  City  of  Brooklyn. 


CONSTITUTIONAL  CONVENTION.  643 

Keferred  to  the  Committees  on  Contingent  Expenses  and  Privi- 
leges and  Elections. 

Mr.  President  stated  the  pending  question,  at  the  hour  of 
adjournment  last  evening,  to  be  the  third  reading  of  the  proposed 
constitutional  amendment,  printed  No.  422,  entitled  '*  To  amend 
article  6  of  the  Constitution,  relating  to  the  judiciary.'' 

Mr.  Peck  moved  that  said  proposed  constitutional  amendment 
be  recommitted  to  the  Committee  on  Judiciary  with  instructions 
to  report  forthwith,  amended  as  follows : 

Sec.  2.  "  The  Legislature  shall  divide  the  State  into  four  judi- 
cial departments.  The  first  department  shall  consist  of  the 
county  of  New  York.  The  others  shall  be  bounded  by  county 
lines,  and  be  compact  and  equal  in  population  as  nearly  as  may 
be.  There  shall  be  an  Appellate  Division  of  the  Supreme  Court, 
consisting  of  three  judges  in  each  of  the  departments.  In  each 
department  two  shall  constitute  a  quorum,  and  the  concurrence 
of  two  shall  be  necessary  to  a  decision.  There  shall  be  chosen 
by  the  electors  of  the  several  judicial  departments,  justices  for 
the  Appellate  Division  of  the  Supreme  Court  in  each  department, 
and  a  presiding  judge  therefor,  who  shall  be  residents  of  the 
department  respectively.  From  time  to  time,  as  the  terms  expire 
or  vacancies  occur,  successors  shall  be  chosen  by  the  electors  of 
the  several  departments.  The  Governor  may  make  temporary 
designations  from  time  to  time,  in  case  of  the  absence  or  inability 
to  act  of  any  justice  of  the  Appellate  Division,  from  those  elected 
as  justices  of  the  Supreme  Court  not  of  the  Appellate  Division  in 
that  judicial  department.  Whenever  the  Appellant  Division  in 
any  department  shall  be  unable  to  dispose  of  its  business  within 
a  reasonable  time,  a  majority  of  the  presiding  justices  of  the  seve- 
ral departments,  at  a  meeting  called  by  the  presiding  justice  of 
the  department  in  arrears,  may  transfer  any  pending  appeals 
from  such  department  to  any  other  department  for  hearing  and 
determination.  No  justice  of  the  Appellate  Division  shall  exer- 
cise any  of  the  powers  of  a  justice  of  the  Supreme  Court,  other 
than  those  of  a  justice  out  of  court,  and  those  pertaining  to  the 
Appellate  Division,  or  the  hearing  and  decision  of  motions  sub- 
mitted by  consent  of  counsel.  From  and  after  the  last  day  of 
December,  1895,  the  Appellate  Division  shall  have  the  jurisdiction 
now  exercised  by  the  Supreme  Court  at  its  General  Term,  and  by 
the  General  Terms  of  the  Court  of  Common  Pleas  for  the  city  and 


644  JOURNAL  OF  THE 

count}'  of  New  York,  the  Superior  Court  of  Buffalo,  and  the  City 
Court  of  Brooklyn,  and  such  additional  jurisdiction  as  may  be 
conferred  by  the  Legislature.  It  shall  have  power  to  remove  and 
appoint  a  reporter.  The  justice  of  the  Appellate  Division  in 
each  department  shall  have  power  to  fix  the  time  and  places  for 
holding  special  and  trial  terms,  therein,  and  to  assign  justices  in 
the  departments  to  hold  such  terms,  or  to  make  rules  therefor." 

Mr.  A.  H.  Green  moved  to  amend  the  motion  of  Mr.  Peck  by 
striking  out  the  word  "fourteen"  wherever  it  occurs,  and  insert 
"  eight." 

On  motion  of  Mr.  Jenks,  the  time  for  debate  on  the  several 
amendments  proposed  was  extended  for  forty  minutes,  to  be 
divided  equally  between  the  parties  for  and  against  each  amend- 
ment offered. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Green,  and 
it  was  determined  in^the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Peck,  and 
it  was  determined  in  the  negative. 

Mr.  Jenks  then  moved  to  recommit  to  the  Committee  on  Judi- 
ciary, with  instructions  to  report  the  same  forthwith,  amended 
as  follows: 

Amend  section  1  as  follows:  Page  2,  line  3,  strike 
out  the  words  "  three  in'  the  second,"  and  insert  in  place  thereof 
the  words  "  four  in  the  second." 

The  question  being  on  the  motion  of  Mr.  Jenks,  Mr.  McDonough 
and  Mr.  Cochran  were  appointed  as  tellers,  and  announced  the 
following  vote:  Ayes  48,  noes  58,  and  said  motion  was  declared 
lost. 

Mr.  Smith  moved  to  recommit  to  the  Judiciary  Committee  the 
article  under  consideration  with  instructions  to  amend  section 
12  thereof,  by  inserting  the  word  "two"  between  the  word 

"  seventy,"  and  the  word  "  years  "  in  line  9  and  line  12,  on  page 

9,  and  to  report  forthwith. 

The  question  being  on  the  motion  of  Mr.  Smith,  Mr.  McDonough 
ami  Mr.  Cochran  were  appointed  tellers,  and  announced  the  fol- 
lowing vote:  Ayes  21,  noes  30,  and  said  motion  was  declared 
lost. 


CONSTITUTIONAL  CONVENTION.  645 

Mr.  A.  H.  Green  then  moved  to  recommit  to  the  Committee  on 
Judiciary  with  instructions  to  report  the  same  forthwith, 
amended  as  follows: 

"Wherever  the  term  is  fixed  at  more  than  eight  years  it  be 
reduced  to  eight." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Green, 
and  it  was  determined  in  the  negative. 

Mr.  E.  K  Brown  then  moved  to  recommit  to  the  Committee  on 
Judiciary  with  instructions  to  report  the  same  forthwith, 
amended  as  follows: 

In  lines  17  and  18,  page  13,  strike  out  "but  no  inferior  local 
court  hereafter  created  shall  be  a  court  of  record."  Also  insert 
in  line  20,  page  13,  before  "  equity,"  the  word  "  greater." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  E.  E. 
Brown,  and  it  was  determined  in  the  negative. 

By  unanimous  consent,  misprints  as  follows,  were  corrected: 
Section  1,  line  9,  change  "justices"  to  "judges."  Section  2, 
page  2,  line  20,  change  "  counsels  "  to  "  counsel,"  section  17,  page 
13,  line  9,  change  "  county "  to  "  court."  Section  18,  line  17, 
change  "  s  "  in  word  "  Legislature  "  to  "  r."  Section  19,  line  17, 
change  "  single  "  to  "  similar." 

Said  proposed  constitutional  amendment,  printed  No.  422,  as 
amended,  in  words  following: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To   Amend   Article   Six   of   the   Constitution,   Eelating   to   the 

Judiciary. 

The  Delegates  oj  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows  : 

Article  6  of  the  Constitution  is  hereby  amended  so  as  to  read 
as  follows  : 

Section  1.  The  Supreme  Court  is  continued  with  general 
jurisdiction  in  law  and  equity,  subject  to  such  appellate  jurisdic- 
tion of  the  Court  of  Appeals  as  now  is  or  may  be  prescribed  by 
law  not  inconsistent  with  this  article.  The  existing  judicial  dis- 
tricts of  the  State  are  continued  until  changed  as  hereinafter 
provided.  The  Supreme  Court  shall  consist  of  the  Supreme 
Court  justices  now  in  office,  and  of  the  judges  transferred  thereto 


646  JOURNAL  OF  THE 

by  the  fifth  section  of  this  article,  all  of  whom  shall  con- 
tinue to  be  justices  of  the  Supreme  Court  during  their  respective 
terms,  and  of  twelve  additional  justices,  who  shall  reside  in 
and  be  chosen  by  the  electors  of  the  several  existing  judicial 
districts,  three  in  the  First  district,  three  in  j:he  Second,  and  one 
in  each  of  the  other  districts;  and  of  their  successors.  The  suc- 
cessors of  said  justices  shall  be  chosen  by  the  electors  of  their 
respective  judicial  districts.  The  Legislature  may  alter  the 
judicial  districts  once  after  each  enumeration  under  the  Con- 
stitution of  the  inhabitants  of  the  State  and  thereupon  reappor- 
tion  the  justices  to  be  thereafter  elected  in  the  districts  so 
altered. 

Sec.  2.  The  Legislature  shall  divide  the  State  into  four  judi- 
cial departments.  The  first  department  shall  consist  of  the 
county  of  New  York;  the  others  shall  be  bounded  by  county 
lines,  and  be  compact  and  equal  in  population  as  nearly  as  may 
be.  Once  every  ten  years  the  Legislature  may  alter  the  judicial 
departments,  but  without  increasing  the  number  thereof. 

There  shall  be  an  Appellate  Division  of  the  Supreme  Court,  con- 
sisting of  seven  justices  in  the  First  department,  and  of  five 
justices  in  each  of  the  other  departments.  In  each  department 
four  shall  constitute  a  quorum,  and  the  concurrence  of  three  shall 
be  necessary  to  a  decision.  No  more  than  five  justices  shall 
sit  in  any  case. 

From  all  the  justices  elected  to  the  Supreme  Court  the  Gover- 
nor shall  designate  those  who  shall  constitute  the  Appellate 
Division  in  each  department ;  and  he  shall  designate  the  presiding 
justice  thereof,  who  shall  act  as  such  during  his  term  of  office, 
and  shall  be  a  resident  of  the  department.  The  other  justices 
shall  be  designated  for  terms  of  five  years,  or  the  unexpired 
portions  of  their  respective  terms  of  office,  if  less  than  five  years. 
From  time  to  time,  as  the  terms  of  such  designations  expire,  or 
vacancies  occur,  he  shall  make  new  designations.  He  may  also 
make  temporary  designations  in  case  of  the  absence  or  inability  to 
act  of  any  justice  in  the  Appellate  Division.  A  majority  of  the 
justices  designated  to  sit  in  the  Appellate  Division  in  each  depart- 
ment shall  be  residents  of  the  department.  Whenever  the 
Appellate  Division  in  any  department  shall  be  unable  to  dispose 
of  its  business  within  a  reasonable  time,  a  majority  of  the  pre- 
siding justices  of  the  several  departments,  at  a  meeting  called  by 
the  presiding  justice  of  the  department  in  arrears,  may  transfer 


CONSTITUTIONAL  CONVENTION.  647 

any  pending  appeals  from  such  department  to  any  other  depart- 
ment for  hearing  and  determination.  No  justice  of  the  Appellate 
Division  shall  exercise  any  of  the  powers  of  a  justice  of  the 
Supreme  Court  other  than  those  of  a  justice  out  of  court  and 
those  pertaining  to  the  Appellate  Division  or  to  the  hearing  and 
decision  of  motions  submitted  by  consent  of  counsel.  From  and 
after  the  last  day  of  December,  one  thousand  eight  hundred  and 
ninety-five,  the  Appellate  Division  shall  have  the  jurisdiction  now 
exercised  by  the  Supreme  Court  at  its  General  Terms,  and  by  the 
General  Terms  of  the  Court  of  Common  Pleas  for  the  city  and 
county  of  New  York,  the  Superior  Court  of  the  city  of  New  York, 
the  Superior  Court  of  Buffalo  and  the  City  Court  of  Brooklyn, 
and  such  additional  jurisdiction  as  may  be  conferred  by  the 
Legislature.  It  shall  have  power  to  appoint  and  remove  a 
reporter. 

The  justices  of  the  Appellate  Division  in  each  department 
shall  have  power  to  fix  the  times  and  places  for  holding  Special 
and  Trial  Terms  therein,  and  to  assign  the  justices  in  the  depart- 
ments to  hold  such  terms;  or  to  make  rules  therefor. 

Sec.  3.  No  judge  or  justice  shall  sit  in  the  Appellate  Division 
or  in  the  Court  of  Appeals  in  review  of  a  decision  made  by  him 
or  by  any  court  of  which  he  was  at  the  time  a  sitting  member. 
The  testimony  in  equity  cases  shall  be  taken  in  like  manner  as 
in  cases  at  law;  and,  except  as  herein  otherwise  provided,  the 
Legislature  shall  have  the  same  power  to  alter  and  regulate  the 
jurisdiction  and  proceedings  in  law  and  in  equity  that  it  has 
heretofore  exercised. 

Sec.  4.  The  official  terms  of  the  justices  of  the  Supreme 
Court  shall  be  fourteen  years  from  and  including  the  first  day  of 
January  next  after  their  election.  When  a  vacancy  shall  occur 
otherwise  than  by  expiration  of  term  in  the  office  of  justice  of 
the  Supreme  Court  the  same  shall  be  filled,  for  a  full  term,  at  the 
next  general  election,  happening  not  less  than  three  months 
after  such  vacancy  occurs;  and,  until  the  vacancy  shall  be  so 
filled,  the  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  if  the  Senate  shall  be  in  session,  or  if  not  in  session,  the 
Governor,  may  fill  such  vacancy  by  appointment,  which  shall 
continue  until  and  including  the  last  day  of  December  next  after 
the  election  at  which  the  vacany  shall  be  filled. 

Sec.  5.  The  Superior  Court  of  the  city  of  New  York,  the  Court 
of  Common  Pleas  for  the  city  and  county  of  New  York,  the 


648  JOURNAL  OF  THE 

Superior  Court  of  Buffalo  and  the  City  Court  of  Brooklyn  are 
abolished  from  and  after  the  first  day  of  January,  one 
thousand  eight  hundred  and  ninety-six,  and  thereupon 
the  seals,  records,  papers  and  documents  of  or  belong- 
ing to  such  courts  shall  be  deposited  in  the  offices  of  the  clerks 
of  the  several  counties  in  which  said  courts  now  exist,  and  all 
actions  and  proceedings  then  pending  in  such  courts  shall  be 
transferred  to  the  Supreme  Court  for  hearing  and  determination. 
The  judges  of  said  courts  in  office  on  the  first  day  of  January, 
one  thousand  eight  hundred  and  ninety-six,  shall,  for  the  remain- 
der of  the  terms  for  which  they  were  elected  or  appointed,  be 
justices  of  the  Supreme  Court;  but  they  shall  sit  only  in  the 
counties  in  which  they  were  elected  or  appointed.  Their  salaries 
shall  be  paid  by  the  said  counties  respectively,  and  shall  be  the 
same  as  the  salaries  of  the  other  justices  of  the  Supreme  Court 
residing  in  the  same  counties.  Their  successors  shall  be  elected 
as  justices  of  the  Supreme  Court  by  the  electors  of  the  judicial 
districts  in  which  they  respectively  reside. 

The  jurisdiction  now  exercised  by  the  several  courts  hereby 
abolished  shall  be  vested  in  the  Supreme  Court.  Appeals  from 
inferior  and  local  courts  now  heard  in  the  Court  of  Common 
Pleas  for  the  city  and  county  of  New  York  and  the  Superior 
Court  of  Buffalo  shall  be  heard  in  the  Supreme  Court,  in  such 
manner  and  by  such  justice  or  justices  as  the  Appellate  Divisions 
in  the  respective  departments,  which  include  New  York  and 
Buffalo,  shall  direct,  unless  otherwise  provided  by  the  Legislature. 

Sec.  6.  Circuit  Courts  and  Courts  of  Oyer  and  Terminer  are 
abolished  from  and  after  the  last  day  of  December,  one  thousand 
eight  hundred  and  ninety-five.  All  their  jurisdiction  shall  there- 
upon be  vested  in  the  Supreme  Court,  and  all  actions  and 
proceedings  then  pending  in  such  courts  shall  be  transferred  to 
the  Supreme  Court  for  hearing  and  determination.  Any  justice 
of  the  Supreme  Court,  except  as  otherwise  provided  in  this  article, 
may  nold  court  in  any  county. 

Sec.  7.  The  Court  of  Appeals  is  continued.  It  shall  consist 
of  the  chief  judge  and  associate  judges  now  in  office,  who  shall 
hold  their  offices  until  the  expiration  of*  their  respective  ternss, 
and  their  successors,  who  shall  be  chosen  by  the  electors  of  the 
State.  The  official  terms  of  the  chief  judge  and  associate 
judges  shall  be  fourteen  years  from  and  including  the  first  dav  of 
January  next  after  their  election.  Five  members  of  the  court 


CONSTITUTIONAL  CONVENTION.  649 

shall  form  a  quorum,  and  the  concurrence  of  four  shall  be  neces- 
sary to  a  decision.  The  court  shall  have  power  to  appoint  and  to 
remove  its  reporter,  clerk  and  attendants. 

Sec.  8.  When  a  vacancy  shall  occur,  otherwise  than  by  expira- 
tion of  term,  in  the  office  of  chief  or  associate  judge  of  the  Court 
of  Appeals,  the  same  shall  be  filled,  for  a  full  term,  at  the  next 
general  election  happening  not  less  than  three  months  after  such 
vacancy  occurs;  and  until  the  vacancy  shall  be  so  tilled,  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  if 
the  Senate  shall  be  in  session,  or  if  not  in  session,  the  Governor, 
may  fill  such  vacancy  by  appointment.  If  any  such  appointment 
of  chief  judge  shall  be  made  from  among  the  associate  judges, 
a  temporary  appointment  of  associate  judge  shall  be  made  in 
like  manner;  but  in  such  case,  the  person  appointed  chief  judge 
shall  not  be  deemed  to  vacate  his  office  of  associate  judge  any 
longer  than  until  the  expiration  of  his  appointment  as  chief 
judge.  The  powers  and  jurisdiction  of  the  court  shall  not  be 
suspended  for  want  of  appointment  or  election,  when  the  number 
of  judges  is  sufficient  to  constitute  a  quorum.  All  appointments 
under  this  section  shall  continue  until  and  including  the  last 
day  of  December  next  after  the  election  at  which  the  vacancy 
shall  be  filled. 

Sec.  9.  After  the  last  day  of  December,  one  thousand  eight 
hundred  and  ninety-five,  the  jurisdiction  of  the  Court  of  Appeals 
(except  where  the  judgment  is  of  death)  shall  be  limited  to  the 
review  of  questions  of  law.  No  unanimous  decision  of  the 
Appellate  Division  of  the  Supreme  Court  that  there  is  evidence 
supporting  or  tending  to  sustain  a  finding  of  fact  or  a  verdict  not 
directed  by  the  court,  shall  be  reviewed  by  the  Court  of  Appeals. 
Except  where  the  judgment  is  of  death,  appeals  may  be  taken,  as 
of  right,  to  said  court  only  from  judgments  or  orders  entered  upon 
decision  of  the  Appellate  Division  of  the  Supreme  Court,  finally 
determining  actions  or  special  proceedings,  and  from  orders 
granting  new  trials  on  exceptions,  where  the  appellants  stipu- 
late that  upon  affirmance  judgment  absolute  shall  be  rendered 
against  them. 

The  Appellate  Division  in  any  department  may,  however,  allow 
an  appeal  upon  any  question  of  law  which,  in  its  opinion,  ought 
to  be  reviewed  by  the  Court  of  Appeals. 

The  Legislature  may  further  restrict  the  jurisdiction  of  the 
Court  of  Appeals  and  the  right  of  appeal  thereto,  but  the  right  to 
appeal  shall  not  depend  upon  the  amount  involved. 


650  JOURNAL  OF  THE 

The  provisions  of  this  section  shall  not  apply  to  orders  made 
or  judgments  rendered  by  any  General  Term  before  the  last  day 
of  December,  one  thousand  eight  hundred  and  ninety-five,  but 
appeals  therefrom  may  be  taken  under  existing  provisions  of  law. 

Sec.  10.  The  judges  of  the  Court  of  Appeals  and  the  justices 
of  the  Supreme  Court  shall  not  hold  any  other  office  or  public 
trust.  All  votes  for  any  of  them  for  any  other  than  a  judicial 
office,  given  by  the  Legislature  or  the  people,  shall  be  void. 

Sec.  11.  Judges  of  the  Court  of  Appeals  and  justices  of  the 
Supreme  Court  may  be  removed  by  concurrent  resolution  of  both 
houses  of  the  Legislature,  if  two-thirds  of  all  the  members  elected 
to  each  house  concur  therein.  All  other  judicial  officers,  except 
justices  of  the  peace  and  judges  or  justices  of  inferior  courts  not 
of  record,  may  be  removed  by  the  Senate,  on  the  recommendation 
of  the  Governor,  if  two-thirds  of  all  the  members  elected  to  the 
Senate  concur  therein.  But  no  officer  shall  be  removed  by  virtue 
of  this  section  except  for  cause,  which  shall  be  entered  on  the 
journals,  nor  unless  he  shall  have  been  served  with  a  statement 
of  the  cause  alleged,  and  shall  have  had  an  opportunity  to  be 
heard.  On  the  question  of  removal,  the  yeas  and  nays  shall  be 
entered  on  the  Journal. 

Sec.  12.  The  judges  and  justices  hereinbefore  mentioned 
shall  receive  for  their  services  a  compensation  established  by 
law,  which  shall  not  be  increased  or  diminished  during  their 
official  terms,  except  as  provided  in  section  five  of  this  article. 

No  person  shall  hold  the  office  of  judge  or  justice  of  any 
court  longer  than  until  and  including  the  last  day  of  December 
next  after  he  shall  be  seventy  years  of  age. 

No  judge  or  justice  elected  after  the  first  day  of  January, 
one  thousand  eight  hundred  and  ninety-four,  shall  be 
entitled  to  receive  any  compensation  after  the  last  dny  of 
December  next  after  he  shall  be  seventy  years  of  age,  but  the 
compensation  of  every  judge  of  the  Court  of  Appeals  or  justice 
of  the  Supreme  Court  elected  prior  to  the  first  day  of  January, 
one  thousand  eight  hundred  and  ninety-four,  whose  term  of  office 
has  been,  or  whose  present  term  of  office  shall  be,  so  abridged, 
and  who  shall  have  served  as  such  judge  or  justice  ten  years  or 
more,  shall  be  continued  during  the  remainder  of  the  term  for 
which  he  was  elected,  but  any  such  judge  or  justice  may,  with  his 
consent,  be  assigned  by  the  Governor,  from  time  to  time,  to  any 


CONSTITUTIONAL  CONVENTION.  651 

duty  in  the  Supreme  Court  while  his  compensation  is  so 
continued. 

Sec.  13.  The  Assembly  shall  have  the  power  of  impeachment, 
by  a  vote  of  a  majority  of  ail  the  members  elected.  The  court 
for  the  trial  of  impeachments  shall  be  composed  of  the  President 
of  the  Senate,  the  Senators,  or  a  major  part  of  them,  and  the 
judges  of  the  Court  of  Appeals,  or  the  major  part  of  them.  On 
the  trial  of  an  impeachment  against  the  Governor  or  Lieutenant- 
Governor,  the  Lieutenant-Governor  shall  not  act  as  a  member  of 
the  court.  No  judicial  officer  shall  exercise  his  office,  after 
articles  of  impeachment  against  him  shall  have  been  preferred 
to  the  Senate,  until  he  shall  have  been  acquitted.  Before  the 
trial  of  an  impeachment  the  members  of  the  court  shall  take  an 
oath  or  affirmation  truly  and  impartially  to  try  the  impeachment 
according  to  the  evidence,  and  no  person  shall  be  convicted  with- 
out the  concurrence  of  two-thirds  of  the  members  present.  Judg- 
ment in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office  or  removal  from  office  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust  or  profit  under  this 
State ;  but  the  party  impeached  shall  be  liable  to  indictment  and 
punishment  according  to  law. 

Sec.  14.  The  existing  County  Courts  are  continued,  and  the 
judges  thereof  now  in  office  shall  hold  their  offices  until  the 
expiration  of  their  respective  terms.  In  the  county  of  Kings 
there  shall  be  two  county  judges,  and  the  additional  county 
judge  shall  be  chosen  at  the  next  general  election  held  after  the 
adoption  of  this  article.  The  successors  of  the  several  county 
judges  shall  be  chosen  by  the  electors  of  the  counties  for  the 
term  of  six  years.  County  Courts  shall  have  the  powers  and 
jurisdiction  they  now  possess,  and  also  original  jurisdiction  in 
actions  for  the  recovery  of  money  only,  where  the  defendants 
reside  in  the  county,  and  in  which  the  complaint  demands  judg- 
ment for  a  sum  not  exceeding  two  thousand  dollars.  The  Legis- 
lature may  hereafter  enlarge  or  restrict  the  jurisdiction  of  the 
County  Courts,  provided,  however,  that  their  jurisdiction  shall 
not  be  so  extended  as  to  authorize  an  action  therein  for  the 
recovery,  of  money  only  in  which  the  sum  demanded  exceeds  two 
thousand  dollars,  or  in  which  any  person  not  a  resident  of  the 
county  is  a  defendant. 

Courts  of  Sessions,  except  in  the  county  of  New  York,  are 
abolished  from  and  after  the  last  day  of  December,  one  thousand 


652  JOUBNAL  OF  THE 

eight  hundred  and  ninety-five.  All  the  jurisdiction  of  the  Court 
of  Sessions  in  each  county,  except  the  county  of  New  York,  shall 
be  vested  in  the  County  Court  thereof,  and  all  actions  and  pro- 
ceedings then  pending  in  such  Courts  of  Sessions  shall  be  trans- 
ferred to  said  County  Courts  for  hearing  and  determination. 
Every  county  judge  shall  perform  such  duties  as  may  be  required 
by  law.  His  salary  shall  be  established  by  law,  payable  out  of 
the  county  treasury.  A  county  judge  of  any  county  may  hold 
County  Courts  in  any  other  county  when  requested  by  the  judge 
of  such  other  county. 

Sec.  15.  The  existing  Surrogate's  Courts  are  continued,  and 
the  surrogates  now  in  office  shall  hold  their  offices  until  the 
expiration  of  their  terms.  Their  successors  shall  be  chosen  by 
the  electors  of  their  respective  counties,  and  their  terms  of  office 
shall  be  six  years,  except  in  the  county  of  New  York,  where 
they  shall  continue  to  be  fourteen  years.  Surrogates  and  Surro- 
gate's Courts  shall  have  the  jurisdiction  and  powers  which  the 
surrogates  and  existing  Surrogate's  Courts  now  possess,  until 
otherwise  provided  by  the  Legislature.  The  county  judge  shall 
be  surrogate  of  his  county,  except  where  a  separate  surrogate  has 
been  or  shall  be  elected.  In  counties  having  a  population  exceed- 
ing forty  thousand  wherein  there  is  no  separate  surrogate,  the 
Legislature  may  provide  for  the  election  of  a  separate  officer  to 
be  surrogate,  whose  term  of  office  shall  be  six  years.  When  the 
surrogate  shall  be  elected  as  a  separate  officer  his  salary  shall 
be  established  by  law,  payable  out  of  the  county  treasury.  No 
county  judge  or  surrogate  shall  hold  office  longer  than  until  and 
including  the  last  day  of  December  next  after  he  shall  be  seventy 
years  of  age.  Vacancies  occurring  in  the  office  of  county  judge 
or  surrogate  shall  be  filled  in  the  same  manner  as  like  vacancies 
occurring  in  the  Supreme  Court.  The  compensation  of  any 
county  judge  or  surrogate  shall  not  be  increased  or  diminished 
during  his  term  of  office.  For  the  relief  of  Surrogate's  Courts  the 
Legislature  may  confer  upon  the  Supreme  Court  in  any  county 
having  a  population  exceeding  four  hundred  thousand,  the  powers 
and  jurisdiction  of  surrogates,  with  authority  to  try  issues  of  fact 
by  jury  in  probate  cases. 

Sec.  16.  The  Legislature  may,  upon  application  of  the  Board 
of  Supervisors,  provide  for  the  election  of  local  officers,  not  to 
exceed  two  in  any  county,  to  discharge  the  duties  of  county  judge 
and  of  surrogate,  in  cases  of  their  inability  or  of  a  vacancy,  and  in 


CONSTITUTIONAL  CONVENTION.  653 

such  other  cases  as  may  be  provided  by  law,  and  to  exercise  such 
other  powers  in  special  cases  as  are  or  may  be  provided  by  law. 

Sec.  17.  The  electors  of  the  several  towns  shall,  at  their 
annual  town  meetings,  or  at  such  other  time  and  in  such  manner 
as  the  Legislature  may  direct,  elect  justices  of  the  peace,  whose 
term  of  office  shall  be  four  years.  In  case  of  an  election  to  fill  a 
vacancy  occurring  before  the  expiration  of  a  full  term,  they  shall 
hold  for  the  residue  of  the  unexpired  term.  Their  number  and 
classification  may  be  regulated  by  law.  Justices  of  the  peace  and 
judges  or  justices  of  inferior  courts  not  of  record,  and  their 
clerks,  may  be  removed  for  cause,  after  due  notice  and  an  oppor- 
tunity of  being  heard  by  such  courts  as  are  or  may  be  prescribed 
by  law.  Justices  of  the  peace  and  district  court  justices  may  be 
elected  in  the  different  cities  of  this  State  in  such  manner,  and 
with  such  powers,  and  for  such  terms,  respectively,  as  are  or 
shall  be  prescribed  by  law;  all  other  judicial  officers  in  cities, 
whose  election  or  appointment  is  not  otherwise  provided  for  in 
this  article,  shall  be  chosen  by  the  electors  of  such  cities,  or 
appointed  by  some  local  authorities  thereof. 

Sec.  18.  Inferior  local  courts  of  civil  and  criminal  jurisdiction 
may  be  established  by  the  Legislature,  but  no  inferior  local  court 
hereafter  created  shall  be  a  court  of  record.  The  Legislature 
shall  not  hereafter  confer  upon  any  inferior  or  local  court  of  its 
creation  any  equity  jurisdiction  or  any  greater  jurisdiction  in 
other  respects  than  is  conferred  upon  County  Courts  by  or  under 
this  article. 

Except  as  herein  otherwise  provided,  all  judicial  officers  shall 
be  elected  or  appointed  at  such  times  and  in  such  manner  as 
the  Legislature  may  direct. 

Sec.  19.  Clerks  of  the  several  counties  shall  be  clerks  of  the 
Supreme  Court,  with  such  powers  and  duties  as  shall  be  pre- 
scribed by  law.  The  justices  of  the  Appellate  Division  in  each 
department  shall  have  power  to  appoint  and  to  remove  a  clerk 
who  shall  keep  his  office  at  a  place  to  be  designated  by  said 
justices.  The  clerk  of  the  Court  of  Appeals  shall  keep  his  office 
at  the  seat  of  government.  The  clerk  of  the  Court  of  Appeals 
and  the  clerks  of  the  Appellate  Division  shall  receive  compensa- 
tion to  be  established  by  law  and  paid  out  of  the  public  treasury. 

Sec.  20.  No  judicial  officer,  except  justices  of  the  peace,  shall 
receive  to  his  own  use  any  fees  or  perquisites  of  office;  nor  shall 
any  judge  of  the  Court  of  Appeals,  or  justice  of  the  Supreme 


654  JOURNAL  OF  THE 

Court,  or  any  county  judge  or  surrogate  hereafter  elected  in  a 
county  having  a  population  exceeding  one  hundred  and  twenty 
thousand,  practice  as  an  attorney  or  counselor  in  any  Court  of 
Record  in  this  State,  or  act  as  referee. 

The  Legislature  may  impose  a  similar  prohibition  upon  county 
judges  and  surrogates  in  other  counties. 

No  one  shall  be  eligible  to  the  office  of  judge  of  the  Court  of 
Appeals,  justice  of  the  Supreme  Court,  or,  except  in  the  county 
of  Hamilton,  to  the  office  of  county  judge  or  surrogate,  who  is 
not  an  attorney  and  counselor  of  this  State. 

Sec.  21.  The  Legislature  shall  provide  for  the  speedy  publi- 
cation of  all  statutes,  and  shall  regulate  the  reporting  of  the 
decisions  of  the  courts;  Jbut  all  laws  and  judicial  decisions  shall 
be  free  for  publication  by  any  person. 

Sec.  22.  Justices  of  peace  and  other  local  judicial  officers 
provided  for  in  sections  seventeen  and  eighteen,  in  office  when 
this  article  takes  effect,  shall  hold  their  offices  until  the  expiration 
of  their  respective  terms. 

Sec.  23.  Courts  of  Special  Sessions  shall  have  such  jurisdic- 
tion of  offenses  of  the  grade  of  misdemeanors  as  may  be  pre- 
scribed by  law. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  on  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Banks, 
Barhite,  Barrow,  Becker,  Bowers,  Brown,  E.  A.;  Brown,  E.  R.; 
Bush,  Cady,  Carter,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coleman, 
Cookinham,  Countryman,  Crosby,  Davies,  J.  0.;  Davis,  G.  A.; 
Deady,  Dean,  Deterling,  Dickey,  Doty,  Durfee,  Durnin,  Faber, 
Floyd,  Foote,  Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser, 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Gilbert,  Goeller, 
Goodelle,  Hamlin,  Hawley,  Hecker,  Hedges,  Herzberg,  A.;  Hill, 
Holls,  Hottenroth,  Jenks,  Johnson,  I.  Sam;  Johnson,  J.;  Kerwin, 
Kimmey,  Kinkel,  Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lin- 
coln, Lyon,  Manley,  Marshall,  Maybee,  McClure,  McDonough, 
Mclntyre,  McLaughlin,  C.  B.;  McMillan,  Mereness,  Moore, 
Morton,  Mul queen,  Nichols,  W.  H.;  Nicoll,  DeL.;  Nostrand, 
O'Brien,  Ohnieis,  Parker,  Parkhurst,  Pashley,  Phipps,  Platzek, 
Pool,  Porter,  Pratt,  Putnam,  Redman,  Roche,  Rogers,  Root,  Schu- 
maker,  Spencer,  Springweiler,  Steele,  A.  B.;  Storm,  Sullivan, 
T.  A.;  Sullivan,  W.;  Tibbetts,  Titus,  Tucker,  Turner,  Vedder, 
Vogt,  Wellington,  Whitmyer,  Woodward,  President  — 112. 


CONSTITUTIONAL  CONVENTION.  655 

Noes  —  Messrs.  Bigelow,  Campbell,  Cassidy,  CMpp,  Jr.;  Coch- 
ran,  Corn  well,  Danforth,  Davenport,  Deyo,  Emmet,  Farrell, 
Forbes,  Gilleran,  Green,  A.  H.;  Green,  J.  L;  Griswold,  Hirsch- 
berg,  M.  H.;  Holcomb,  Hotchkiss,  Mantanye,  Marks,  McCurdy, 
McLaughlin,  J.  W.;  Parmenter,  Peck,  Rowley,  Sandford,  Smith, 
Speer,  Steele,  W.  H.;  Towns,  Veeder,  Wiggins  —  33. 

When  the  name  of  Mr.  Giegerich  was  called,  he  asked  to  be 
and  was  excused  from  voting. 

Mr.  Hamlin,  from  the  Committee  on  Printing,  reported  in 
words  following  j 

IN  CONVENTION,  ) 

September  13,  1894.  \ 
To  the  Convention: 

The  Committee  on  Printing,  to  whom  was  referred  the  follow- 
ing resolution: 

By  Mr.  Blake: 

Resolved,  That  the  Committee  on  Printing  investigate  and  report 
to  this  Convention,  not  later  than  Thursday  noon  of  this  week, 
the  cause  of  the  delay  in  furnishing  to  the  Convention  the  printed 
Record  of  the  debates,  pursuant  to  a  resolution  heretofore 
adopted  by  the  Convention. 

Do  respectfully  report  that,  on  investigation,  it  appears  that 
the  official  stenographer  has  performed  his  duties  with  all  reason- 
able promptness,  and  that  the  Compiler  has  duly  caused  a  copy 
of  the  proceedings  to  be  delivered  to  the  printer. 

That  The  Argus  Company,  the  printer  to  the  Convention,  has 
failed  to  fulfill  the  conditions  prescribed  by  the  Convention  in 
reference  to  its  printing  which  appear  on  page  226  of  the  Journal ; 
that  the  alleged  causes  of  such  failure,  as  claimed  by  The  Argus 
Company,  are: 

First.  That  the  copy  of  the  proceedings  comes  irregularly  to 
the  office  badly  mutilated,  and  in  large  quantities,  owing  to  the 
delay  incident  to  the  correction  of  the  same  by  different  mem- 
bers of  the  Convention. 

Second.  That  Delegates  call  at  the  printing  office  to  correct 
copy,  and  thereby  further  delay  the  execution  of  the  work. 

Your  committee  are  of  the  opinion  that  while  there  is  doubt- 
less considerable  force  in  the  excuse  offered  by  The  Argus  Com- 


656  JOURNAL  OF  THE 

pany,  it  does  not  fully  exonerate  that  company  for  its  failure  to 
perform  the  conditions  above  referred  to,  established  by  the 
Convention  for  its  printing. 

All  of  which  is  respectfully  submitted. 

T.  H.  HAMLIN, 

Chairman. 
Mr.  J.  I.  Green  dissented. 

Mr.  President  then  announced  the  Special  Order,  being  G.  O. 
No.  63,  printed  No.  462,  entitled  "  Proposed  constitutional  amend- 
ment to  amend  the  Constitution  by  the  addition  of  a  new  article 
relating  to  the  diversion  of  the  waters  of  the  Niagara  river." 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Cady,  from  said  committee, 
reported : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  462,  entitled 
"To  amend  the  Constitution  by  the  addition  of  a  new  article, 
relating  to  the  diversion  of  the  waters  of  Niagara  river,"  have 
made  some  progress  in  the  same,  but  not  having  gone  through 
therewith,  have  instructed  the  chairman  to  report  that  fact  to 
the  Convention,  and  ask  leave  to  sit  again. 

The  question  being  on  granting  leave,  Mr.  Acker  and  Mr. 
Cochran  were  appointed  as  tellers,  and  announced  the  following 
vote:  Ayes  21,  noes  43,  and  said  motion  was  declared  lost. 

Mr.  Marshall  then  moved  that  said  proposed  constitutional 
amendment  be  recommitted  to  the  Committee  on  Legislative 
Powers  and  Duties,  retaining  its  place  on  General  Orders,  with 
instructions  to  report  the  same  forthwith,  amended  as  follows: 

The  Legislature  shall  not  hereafter  create  any  right  or  license 
to  divert,  from;  their  natural  channel,  any  of  the  waters  of  the 
Niagara  river,  above  Niagara  Falls,  except  for  sanitary,  domestic 
or  fire  purposes,  or  for  the  use  of  the  Erie  canal,  or  the  ship  canal 
at  Buffalo,  or  for  canal  slips  leading  to  docks  and  wharves. 

All  persons  and  corporations  vested  with  the  right  to  divert 
such  waters  shall  be  under  the  direction  and  control  of,  and  all 
such  diversions  shall  be  regulated  by  the  Commissioners  of  the 
Land  Office,  after  due  notice  to  the  Commissioners  of  the  State 
Reservation  at  Niagara,  and  to  the  parties  interested.  This  sec- 
tion shall  not  affirm,  impair  or  enlarge  any  existing  claim  of  any 
person  or  corporation  to  divert  such  waters. 


CONSTITUTIONAL  CONVENTION.  657 

Mr.  Acker  raised  the  point  of  order  that  leave  to  sit  again  hav- 
ing been  refused,  the  said  proposed  constitutional  amendment 
was  killed. 

Mr.  President  ruled  the  point  of  order  well  taken. 

Mr.  Acker  then  moved  that  the  Convention  proceed  with  the 
order  of  third  reading,  and  it  was  determined  in  the  negative. 

Mr.  Dickey  moved  to  reconsider  the  vote  refusing  leave  to  sit 
again: 

Mr.  Bowers  moved  to  lay  the  motion  of  Mr.  Dickey  on  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Bowers, 
and  it  was  determined  in  the  negative.  / 

Mr.  President  put  the  question  on  the  motion  to  reconsider,  and 
Messrs.  McDonough  and  Cochran  were  appointed  tellers,  and 
announced  the  following  vote:  Ayes  78,  noes  41,  and  it  was 
declared  carried. 

Mr.  Marshall  then  moved  to  disagree  with  the  report  of  the 
Committee  of  the  Whole,  and  that  said  proposed  constitutional 
amendment  be  recommitted  to  the  Committee  on  Legislative 
Powers  and  Duties,  retaining  its  place  on  General  Orders,  with 
instructions  to  report  the  same  forthwith,  amended  as  follows: 

"  The  Legislature  shall  not  hereafter  create  any  right  or  license 
to  divert,  from  their  natural  channel,  any  of  the  waters  of  the 
Niagara  river,  above  Niagara  Falls,  except  for  sanitary,  domestic 
or  fire  purposes,  or  for  the  use  of  the  Erie  canal,  or  the  ship  canal 
at  Buffalo,  or  for  canal  slips  leading  to  docks  and  wharves. 

"All  persons  and  corporations  vested  with  the  right  to  divert 
such  waters,  shall  be  under  the  direction  and  control  of,  and  all 
such  diversions  shall  be  regulated  by  the  Commissioners  of  the 
Land  office,  after  due  notice  to  the  Commissioners  of  the  State 
Reservation  at  Niagara,  and  to  the  parties  interested.  This  sec- 
tion shall  not  affirm,  impair  or  enlarge  any  existing  claim  of  any 
person  or  corporation  to  divert  such  waters." 

Mr.  C.  B.  McLaughlin  moved  to  lay  the  motion  of  Mr.  Marshall 
ou  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McLaugh- 
lin, and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Barrow,  Becker,  Bige- 
low,  Cady,  Cassidy,  Countryman,  Davis,  G.  A.;  Dean,  Doty, 
Forbes,  Hawley,  Hill,  Holcomb,  McCurdy,  Mclntyre,  McKinstry, 
42 


G58  JOURNAL  OF  THE 

McLaughlin,  C.  B.;  McMillan,  Moore,  Nichols,  W.  H.;  O'Brien, 
Parkhurst,  Pool,  Putnam,  Boot,  Schuinaker,  Spencer,  Sullivan, 
T.  A.;  Tekulsky;  President  —  34. 

Noes  —  Messrs.  Arnold,  Baker,  Barhite,  Bowers,  Brown,  E.  A. ; 
Church,  Cochran,  Clark,  H.  A.;  Coleman,  Cookinham,  Cornwell, 
Crosby,  Danforth,  Deady,  Deterling,  Dickey,  Durfee,  Emmet, 
Faber,  Floyd,  Foote,  Francis,  Frank,  Andrew;  Frank,  Augustus; 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Gilleran,  Goeller, 
Goodelle,  Green,  A.  H.;  Hecker,  Hedges,  Herzberg,  A.;  Hotch- 
kiss,  Hottenroth,  Johnson,  I.  Sam;  Johnson,  J.;  Kerwin,  Kim- 
mey,  Kinkel,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln,  Lyon, 
Manley,  Mantanye,  Marks,  Marshall,  McClure,  McLaughlin,  J.  W. ; 
Mereness,  Morton,  Nicoll,  De  L. ;  Nostrand,  Parmenter,  Pashley, 
Peck,  Platzek,  Porter,  Roche,  Rogers,  Sandford,  Springweiler, 
Steele,  W.  H.;  Sullivan,  W.;  Titus,  Towns,  Tucker,  Turner, 
Vedder,  Wellington,  Whitmyer,  Williams,  Woodward  —  76. 

Mr.  President  presented  a  communication  from  Samuel  Gom- 
pers,  of  New  York  city,  claiming  the  seat  of  Joseph  Koch. 

Referred  to  the  Committee  on  Privileges  and  Elections. 

The  hour  having  arrived,  the  Convention  took  a  recess  until 
three  o'clock: 


AFTERNOON   SESSION. 

Three  o'clock,  P.  M. 

The  Convention  again  met. 

The  President  stated  the  pending  question  this  morning,  at  the 
time  the  Convention  took  a  recess,  to  be  upon  the  motion  of  Mr. 
Marshall,  to  recommit  the  proposed  constitutional  amendment, 
printed  No.  462,  "  relating  to  the  diversion  of  the  waters  of  the 
Niagara  river,"  with  instructions  to  amend. 

Mr.  McMillan  offered  the  following  as  a  substitute  for  Mr. 
Marshall's  instructions : 

"All  corporations,  companies  or  individuals  now  or  hereafter 
engaged  in  diverting  any  of  the  waters  of  the  Niagara  river,  above 
the  falls  of  Niagara,  for  business  or  power  purposes,  shall  be 
under  the  direction  and  control  of  the  Commissioners  of  the  Land 
Office,  as  to  the  use  of  said  water." 

.On  motion  of  Mr.  C.  B.  McLaughlin,  the  time  for  this  discus- 
sion was  extended  ten  minutes. 


CONSTITUTIONAL  CONVENTION.  659 

Mr.  C.  B.  McLaugklin  moved  to  amend  the  motion  of  Mr.  Mar- 
shall as  follows :  Strike  out  all  after  the  word  "  purposes,"  and 
insert  the  following:  "And  all  existing  grants  of  the  right  to 
take  or  to  divert  from  the  natural  channel  any  of  the  waters  of 
the  Niagara  river,  above  the  Niagara  Falls,  except  for  sanitary, 
domestic  or  fire  purposes,  are  hereby  revoked,  canceled  and 
annulled." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  C.  B. 
McLaughlin,  and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Banks,  Barhite,  Barnum,  Barrow,  Cookinham, 
Countryman,  Crosby,  Dean,  Fraser,  Green,  A.  EL;  Holcomb, 
Jenks,  Kerwin,  Lewis,  C.  H. ;  Lyon,  Mantanye,  Marshall,  McLaugh- 
lin, C.  B.;  O'Brien,  Parmenter,  Peck,  Platzek,  Pratt,  Eedman, 
Rogers,  Steel,  A.  B.;  Steele,  W.  H.;  Tucker,  Whitmyer  — 29. 

Noes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Becker,  Bowers,  Brown,  E.  A.;  Burr,  Cady,  Carter,  Cas- 
sidy,  Chipp,  Jr.;  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Cochran, 
Coleman,  Cornwell,*  Danforth,  Davenport,  Davis,  G.  A.;  Deady, 
Deterling,  Deyo,  Dickey,  Doty,  •  Durf ee,  Durnin,  Emmet,  Faber, 
Floyd,  Foote,  Forbes,  Francis,  Frank,  Augustus;  Fuller,  C.  A.; 
Fuller,  O.  A.;  Galinger,  Gibney,  Goodelle,  Griswold,  Hamlin, 
Hawley,  Hecker,  Hedges,  Herzberg,  A.;  Hill,  Holls,  Hotchkiss, 
Hottenroth,  Johnson,  I.  Sam;  Johnson,  J.;  Kimmey,  Kinkel, 
Lauterbach,  Lester,  Lincoln,  Manley,  Marks,  Maybee,  McClure, 
McCurdy,  McDonough,  Mclntyre,  McKinstry,  McMillan,  Mereness, 
Morton,  Mulqueen,  Nichols,  W.  H.;  Nicoll,  DeL.;  Ohmeis, 
Osborn,  Parker,  Parkhurst,  Pashley,  Peabody,  Phipps,  Pool, 
Porter,  Powell,  Putnam,  Eoche,  Eoot,  Sandford,  Schumaker, 
Smith,  Spencer,  Springweiler,  Storm,  Sullivan,  T.  A.;  Tekulsky, 
Tibbetts,  Titus,  Truax,  C.  H.;  Turner,  Vedder,  Veeder,  Vogt, 
Wellington,  Wiggins,  Woodward,  President  — 105. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McMillan, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  substitute  offered  by 
Mr.  Eoche,  in  words  following: 

Article  — ,  section  — .  The  right  to  divert  the  waters  of 
Niagara  river,  above  Niagara  Falls,  pursuant  to  any  grant  or 
license  heretofore  or  hereafter  given  by  the  Legislature,  and 
the  use  by  any  person  or  corporation  who  was,  on  the  first  day 
of  September,  one  thousand  eight  hundred  and  ninety-four. 


I 


000  JOURNAL  OF  THE 

actually  engaged  in  the  diversion  of  the  waters  of  said  river  for 
business  or  manufacturing  purposes,  shall  be  regulated  by  and 
be  under  the  direction  and  control  of  the  Commissioners  of  the 
Land  Office,  who  shall,  from  time  to  time,  after  notice  to 
the  Commissioners  of  the  State  Reservation,  at  Niagara,  and  to  the 
parties  interested,  make  such  orders  and  give  such  directions  in 
regard  to  the  diversion  and  use  of  such  waters,  and  the  compen- 
sation to  be  paid  therefor  to  the  State,  as  shall  be  just  and 
proper.  This  section  shall  not  be  deemed  to  recognize  or  affect 
any  right,  privilege  or  license  under  which  any  person  or  cor- 
poration may  claim  the  right  to  divert  the  waters  of  said  river,  or 
to  prevent  the  use  of  such  waters  for  the  canals  of  the  State,  or  for 
a  ship  canal,  or^for  canal  slips  leading  to  docks  and  wharves,  or  for 
sanitary,  fire  or  domestic  purposes. 

And  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Marshall, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  the  report  of 
the  Committee  of  the  Whole,  and  -granting  leave  to  sit  again,  and 
it  was  determined  in  the  negative. 

The  proposed  constitutional  amendment,  printed  No.  454,  in 
words  following: 

PROPOSED   CONSTITUTIONAL   AMENDMENT 

To   Amend   Article   Three,   Relating   to   the   Apportionment    of 
Senate  and  Assembly  Districts. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows: 

Sections  2,  3,  4  and  5  of  article  3  are  hereby  amended  so  as  to 
read  as  follows: 

Sec.  2.  The  Senate  shall  consist  of  fifty  members,  except  as 
hereinafter  provided.  The  Senators  elected  in  the  year  one  thou- 
sand eight  hundred  and  ninety-five  shall  hold  their  offices  for 
three  years,  and  their  successors  shall  be  chosen  for  two  years. 
The  Assembly  shall  consist  of  one  hundred  and  fifty  members 
who  shall  be  chosen  for  one  year. 

Sec.  3.  The  State  shall  t>e  divided  into  fifty  districts  to  be 
called  Senate  districts,  each  of  which  shall  choose  one  Senator. 
Th<»  districts  shall  be  numbered  from  one  to  fifty  inclusive. 


CONSTITUTIONAL  CONVENTION.  661 

District  number  one  (1)  shall  consist  of  the  counties  of  Suffolk 
and  Richmond. 

District  number  two  (2)  shall  consist  of  the  county  of  Queens. 

District  number  three  (3)  shall  consist  of  that  part  of  the 
county  of  Kings  comprising  the  first,  second,  third,  fourth,  fifth 
and  sixth  wards  of  the  city  of  Brooklyn. 

District  number  four  (4)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  seventh,  thirteenth,  nineteenth  and 
twenty-first  wards  of  the  city  of  Brooklyn. 

District  number  five  (5)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighth,  tenth,  twelfth  and  thirtieth 
wards  of  the  city  of  Brooklyn,  and  the  ward  of  the  city  of  Brook- 
lyn which  was  formerly  the  town  of  Gravesend. 

District  number  six  (6)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  ninth,  eleventh,  twentieth  and  twenty- 
second  wards  of  the  city  of  Brooklyn. 

District  number  seven  (7)  shall  consist  of  that  part  of  the 
county  of  Kings  comprising  the  fourteenth,  fifteenth,  sixteenth 
and  seventeenth  wards  of  the  city  of  Brooklyn. 

District  number  eight  (8)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  twenty-third,  twenty-fourth,  twenty-fifth 
and  twenty-ninth  wards  of  the  city  of  Brooklyn,  and  the  town  of 
Flatlands. 

District  number  nine  (9)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighteenth,  twenty-sixth,  twenty-seventh 
and  twenty-eighth  wards  of  the  city  of  Brooklyn. 

District  number  ten  (10)  shall  consist  of  that  part  of  the 
county  of  New  York  within  and  bounded  by  a  line  beginning  at 
Canal  street  and  the  Hudson  river,  and  running  thence  along 
Canal  street,  Hudson  street,  Broome  street,  Sullivan  street, 
Spring  street,  Broadway,  Canal  street,  the  Bowery,  Division 
street,  Grand  street  and  Jackson  street,  to  the  East  river  and 
thence  around  the  southern  end  of  Manhattan  Island  to  the  place 
of  beginning,  and  also  Governor's,  Bedlow's  and  Ellis  islands. 

District  number  eleven  (11)  shall  consist  of  that  part  of  the 
county  of  New'  York  lying  north  of  district  number  ten,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  Broad- 
way and  Canal  street,  and  running  thence  along  Broadway, 
Fourth  street,  the  Bowery  and  Third  avenue,  St.  Mark's  place. 
Avenue  A,  Seventh  street,  Avenue  B,  Clinton  street,  Rivington 
street,  Norfolk  street,  Division  street,  Bowery  and  Canal  street, 
to  the  place  of  beginning. 


662  JOURNAL  OF  THE 

District  number  twelve  (12)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  ten  and 
eleven,  and  within  and  bounded  by  a  line  beginning  at  Jackson 
street  and  the  East  river,  and  running  thence  through  Jackson 
street,  Grand  street,  Division  street,  Norfolk  street,  Rivington 
street,  Clinton  street,  Avenue  B,  Seventh  street,  Avenue  A,  St. 
Mark's  place,  Third  avenue,  East  Fourteenth  street  to  the  East 
river,  and  along  the  East  river,  to  the  place  of  beginning. 

District  number  thirteen  (13)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  ten,  and 
within  and  bounded  by  a  line  beginning  at  the  Hudson  river  at 
the  foot  of  Canal  street  and  running  thence  along  Canal  street, 
Hudson  street,  Broome  street,  Sullivan  street,  Spring  street, 
Broadway,  Fourth  street,  the  Bowery  and  Third  avenue,  Four- 
teenth street,  Sixth  avenue,  West  Fifteenth  street,  Seventh 
avenue,  West  Nineteenth  street,  Eighth  avenue,  West  Twentieth 
street,  and  the  Hudson  river  to  the  place  of  beginning. 

District  number  fourteen  (14)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  twelve 
and  thirteen,  and  within  and  bounded  by  a  line  beginning  at  East 
Fourteenth  street  and  the  East  river,  and  running  thence  along 
East  Fourteenth  street,  Irving  place,  East  Nineteenth  street, 
Third  avenue,  East  Twenty-third  street,  Lexington  avenue,  East 
Fifty-third  street,  Third  avenue,  East  Fifty-second  street,  and 
the  East  river,  to  the  place  of  beginning. 

District  number  fifteen  (15)  shall .  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  thirteen,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  West 
Fourteenth  street  and  Sixth  avenue,  and  running  thence  along 
Sixth  avenue,  West  Fifteenth  street,  Seventh  avenue,  West  For- 
tieth street,  Eighth  avenue,  and  the  Transverse  road  across  Cen- 
tral park  at  Ninety-seventh  street,  Fifth  avenue,  East  Ninety- 
sixth  street,  Lexington  avenue,  East  Twenty-third  street,  Third 
avenue,  East  Nineteenth  street,  Irving  place  and  Fourteenth 
street,  to  the  place  of  beginning. 

District  number  sixteen  (16)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  thirteen, 
and  within  and  bounded  by  a  line  beginning  at  Seventh  avenue 
and  West  Nineteenth  street,  and  running  thence  along  West 
Nineteenth  street,  Eighth  avenue,  West  Twentieth  street,  the 
Hudson  river,  West  Forty-sixth  street,  Tenth  avenue,  West  Forty- 


CONSTITUTIONAL  CONVENTION.  663 

third  street,  Eighth  avenue,  West  Fortieth  street  and  Seventh 
avenue,  to  the  place  of  beginning. 

District  number  seventeen  (IT)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  sixteen  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  Eighth 
avenue  and  West  Forty-third  street  and  running  thence  along 
West  Forty-third  street,  Tenth  avenue,  West  Forty-sixth  street, 
the  Hudson  river,  West  Eighty-ninth  street,  Tenth  avenue,  West 
Eighty-sixth  street,  Ninth  avenue,  West  Eighty-first  street  and 
Eighth  avenue  to  the  place  of  beginning. 

District  number  eighteen  (18)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  fourteen,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  East 
Fifty-second  street  and  East  river,  and  running  thence  along 
East  Fifty-second  street,  Third  avenue,  East  Fifty-third  street, 
Lexington  avenue,  East  Eighty-fourth  street,  Second  avenue, 
East  Eighty-third  street  and  the  East  river,  to  the  place  of  begin- 
ning; and  also  Blackwell's  island. 

District  number  nineteen  (19)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  seventeen, 
and  within  and  bounded  by  a  line  beginning  at  West  Eighty-ninth 
street  and  the  Hudson  river,  and  running  thence  along  the  Hud- 
son river  and  Spuyten  Duyvil  creek  around  the  northern  end  of 
Manhattan  island;  thence  southerly  along  the  Harlem  river  to 
the  north  end  of  Fifth  avenue,  thence  along  Fifth  avenue,  East 
One  Hundred  and  Twenty-ninth  street,  Fourth  avenue,  East  One 
Hundred  and  Tenth  street,  Fifth  avenue,  the  Transverse  road 
across  Central  Park  at  Ninety-seventh  street,  Eighth  avenue, 
West  Eighty-first  street,  Ninth  avenue,  West  Eighty-sixth  street, 
Tenth  avenue  and  West  Eighty-ninth  street,  to  the  place  of 
beginning. 

District  number  twenty  (20)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  eighteen 
and  fifteen,  and  within  and  bounded  by  a  line  beginning  at  East 
Eighty-third  street  and  the  East  river,  running  thence  through 
East  Eighty-third  street,  Second  avenue,  East  Eighty-fourth 
street,  Lexington  avenue,  East  Ninety-sixth  street,  Fifth  avenue, 
East  One  hundred  and  Tenth  street,  Fourth  avenue,  East  One 
Hundred  and  Nineteenth  street  to  the  Harlem  river,  and  along 
the  Harlem  and  East  rivers  to  the  place  of  beginning;  and  also 
Randall's  island  and  Ward's  island. 


G64  JOUKNAL  OF  THE 

District  number  twenty-one  (21)  shall  consist  of  that  part  of 
the  county  of  New  York  lying  north  of  districts  numbers  nine- 
teen and  twenty,  within  and  bounded  by  a  line  beginning  at  East 
One  Hundred  and  Nineteenth  street  and  Harlem  river,  and  run- 
ning thence  along  East  One  Hundred  and  Nineteenth  street, 
Fourth  avenue,  One  Hundred  and  Twenty-ninth  street,  Fifth 
avenue  and  the  Harlem  river,  to  the  place  of  beginning;  and  all 
that  part  of  the  city  of  New  York  lying  north  and  east  of 
Harlem  river. 

District  number  twenty-two  (22)  shall  consist  of  the  county  of 
Westchester. 

District  number  twenty-three  (23)  shall  consist  of  the  counties 
of  Orange  and  Rockland. 

District  number  twenty-four  (24)  shall  consist  of  the  counties 
of  Dutchess,  Columbia  and  Putnam. 

District  number  twenty-five  (25)  shall  consist  of  the  counties  of 
Ulster  and  Greene. 

District  number  twenty-six  (26)  shall  consist  of  the  counties  of 
Delaware,  Chenango  and  Sullivan. 

District  number  twenty-seven  (27)  shall  consist  of  the  counties 
of  Montgomery,  Fulton,  Hamilton  and  Schoharie. 

District  number  twenty-eight  (28)  shall  consist  of  the  counties 
of  Saratoga,  Schenectady  and  Washington. 

District  number  twenty-nine  (29)  shall  consist  of  the  county  of 
Albany. 

District  number  thirty  (30)  shall  consist  of  the  county  of 
Rensselaer. 

District  number  thirty-one  (31)  shall  consist  of  the  counties  of 
Clinton,  Essex  and  Warren. 

District  number  thirty-two  (32)  shall  consist  of  the  counties  of 
St.  Lawrence  and  Franklin. 

District  number  thirty-three  (33)  shall  consist  of  the  counties 
of  Otsego  and  Herkhner. 

District  number  thirty-four  (34)  shall  consist  of  the  county  of 
Oneida. 

District  number  thirty-five  (35)  shall  consist  of  the. counties  of 
Jefferson  and  Lewis. 

District  number  thirty-six  (36)  shall*  consist  of  the  county  of 
Onondaga. 

District  number  thirty-seven  (37)  shall  consist  of  the  counties 
of  Oswego  and  Madison. 


CONSTITUTIONAL  CONVENTION.  665 

District  number  thirty-eight  (38)  shall  consist  of  the  counties 
of  Broome,  Cortland  and  Tioga. 

District  number  thirty-nine  (39)  shall  consist  of  the  counties  of 
Cayuga  and  Seneca. 

District  number  forty  (40)  shall  consist  of  the  counties  of 
Chemung,  Tompkins  and  Schuyler. 

District  number  forty-one  (41)  shall  consist  of  the  counties  of 
Steuben  and  Yates. 

District  number  forty-two  (42)  shall  consist  of  the  counties  of 
Ontario  and  Wayne. 

District  number  forty-three  (43)  shall  consist  of  that  part  of 
the  county  of  Monroe  comprising  the  towns  of  Brighton,  Henri- 
etta, Irondequoit,  Mendon,  Penfield,  Perinton,  Pittsford,  Rush  and 
Webster,  and  the  fourth,  sixth,  seventh,  eighth,  twelfth,  thir- 
teenth, fourteenth,  sixteenth,  seventeenth,  and  eighteenth  wards 
of  the  city  of  Rochester,  as  at  present  constituted. 

District  number  forty-four  (44)  shall  consist  of  that  part  of  the 
county  of  Monroe  comprising  the  towns  of  Chili,  Clarkson,  Grates, 
Greece,  Hainlin,  Ogden,  Parma,  Riga,  Sweden  and  Wheatland, 
and  the  first,  second,  third,  fifth,  ninth,  tenth,  eleventh,  fifteenth, 
nineteenth  and  twentieth  wards  of  the  city  of  Rochester,  as  at 
present  constituted. 

District  number  forty-five  (45)  shall  consist  of  the  counties  of 
Niagara,  Genesee  and  Orleans. 

District  number  forty-six  (46)  shall  consist  of  the  counties  of 
Allegany,  Livingston  and  Wyoming. 

District  number  forty-seven  (47)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  first,  third,  sixth,  fifteenth,  six- 
teenth, nineteenth,  twentieth,  twenty-first,  twenty-second,  twenty- 
third  and  twenty-fourth  wards  of  the  city  of  Buffalo,  as  at  present 
constituted. 

District  number  forty-eight  (48)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  second,  fourth,  fifth,  seventh, 
eighth,  ninth,  tenth,  eleventh,  twelfth,  thirteenth  and  fourteenth 
wards  of  the  city  of  Buffalo,  as  at  present  constituted. 

District  number  forty-nine  (49)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  seventeenth,  eighteenth  and 
twenty-fifth  wards  of  the  city  of  Buffalo,  as  at  present  consti- 
tuted; and  all  the  remainder  of  the  said  county  of  Erie  not 
hereinbefore  described. 

District  number  fifty  (50)  shall  consist  of  the  counties  of  Chau- 
tauqua  and  Cattaraugus. 


666  JOURNAL  OF  THE 

Sec.  4.  An  enumeration  of  the  inhabitants  of  the  State  shall 
be  taken  under  the  direction  of  the  Secretary  of  State,  during  the 
months  of  May  and  June,  in  the  year  one  thousand  nine  hundred 
and  five,  and  in  the  same  months  every  tenth  year  thereafter; 
and  the  said  districts  shall  be  so  altered  by  the  Legislature  at  the 
first  regular  session  after  the  return  of  every  enumeration,  that 
each  Senate  district  shall  contain  as  nearly  as  may  be  an  equal 
number  of  inhabitants,  excluding  aliens,  and  be  in  as  compact 
form  as  practicable,  and  shall  remain  unaltered  until  the  return 
of  another  enumeration,  and  shall  at  all  times,  consist  of  con- 
tiguous territory,  and  no  county  shall  be  divided  in  the  formation 
of  a  Senate  district  except  to  make  two  or  more  Senate  districts 
wholly  in  such  county.  No  town  and  no  block  in  a  city,  inclosed 
by  streets  or  public  ways,  shall  be  divided  in  the  formation  of 
Senate  districts;  nor  shall  any  district  contain  a  greater  excess 
in  population  over  an  adjoining  district  in  the  same  county,  than 
the  population  of  a  town  or  block  therein,  adjoining  such  district. 
Counties,  towns  or  blocks  which,  from  their  location,  may  be 
included  in  either  of  two  districts,  shall  be  so  placed  as  to  make 
said  districts  most  nearly  equal  in  number  of  inhabitants,  exclud- 
ing aliens. 

No  county  shall  have  four  or  more  Senators  unless  it  shall  have 
a  full  ratio  for  each  Senator.  No  county  shall  have  more  than 
one-third  of  all  the  Senators;  and  no  two  counties  or  the  terri- 
tory thereof  as  now  organized,  which  are  adjoining  counties,  or 
which  are  separated  only  by  public  waters,  shall  have  more  than 
one-half  of  all  the  Senators. 

The  ratio  of  apportioning  Senators  shall  always  be  obtained  by 
dividing  the  number  of  inhabitants,  excluding  aliens,  by  fifty,  and 
the  Senate  shall  always  be  composed  of  fifty  members,  except  that 
if  any  county  having  three  or  more  Senators  at  the  time  of  any 
apportionment  shall  be  entitled  on  such  ratio  to  an  additional 
Senator  or  Senators,  such  additional  Senator  or  Senators  shall  be 
given  to  such  county  in  addition  to  the  fifty  Senators,  and  the 
whole  number  of  Senators  shall  be  increased  to  that  extent. 

Sec.  5.  The  members  of  the  Assembly  shall  be  chosen  by 
single  districts,  and  shall  be  apportioned  by  the  Legislature  at  the 
first  regular  session  after  the  return  of  every  enumeration  among 
the  several  counties  of  the  State,  as  nearly  as  may  be  according 
to  the  number  of  their  respective  inhabitants,  excluding  aliens. 
Every  county  heretofore  established  and  separately  organized, 
except  the  county  of  Hamilton,  shall  always  be  entitled  to  one 


CONSTITUTIONAL  CONVENTION.  667 

member  of  Assembly,  and  no  county  shall  hereafter  be  erected 
unless  its  population  shall  entitle  it  to  a  member.  The  county  of 
Hamilton  shall  elect  with  the  county  of  Fulton,  until  the  popula- 
tion of  the  county  of  Hamilton  shall,  according  to  the  ratio, 
entitle  it  to  a  member.  But  the  Legislature  may  abolish  the  said 
county  of  Hamilton  and  annex  the  territory  thereof  to  some  other 
county  or  counties. 

The  quotient,  obtained  by  dividing  the  whole  number  of  inhabi- 
tants of  the  State,  excluding  aliens,  by  the  number  of  members  of 
Assembly,  shall  be  the  ratio  for  apportionment,  which  shall  be 
made  as  follows: 

One  member  of  assembly  shall  be  apportioned  to  every  county, 
including  Fulton  and  Hamilton  as  one  county,  containing  less 
than  the  ratio  and  one-half  over.  Two  members  shall  be  appor- 
tioned to  every  other  county.  The  remaining  members  of  assem- 
bly shall  be  apportioned  to  the  counties  having  more  than  two 
ratios  according'  to  the  number  of  inhabitants,  excluding  aliens. 
Members  apportioned  on  remainders  shall  be  apportioned  to  the 
counties  having  the  highest  remainders  in  the  order  thereof 
respectively.  No  county  shall  have  more  members  of  assembly 
than  a  county  having  a  greater  number  of  inhabitants,  exclud- 
ing aliens. 

Until  after  the  next  enumeration  members  of  the  Assembly 
shall  be  apportioned  to  the  several  counties  as  follows:  Albany 
county,  four  members;  Allegany  county,  one  member;  Broome 
county,  two  members;  Cattaraugus  county,  two  members;  Cayuga 
county,  two  members;  Chautauqua  county,  two  members;  Che- 
rnung  county,  one  member;  Chenango  county,  one  member;  Clin- 
ton county,  one  member ;  Columbia  county,  one  member ;  Cortland 
county,  one  member;  Delaware  county,  one  member;  Dutchess 
county,  two  members;  Erie  county,  eight  members;  Essex  county, 
one  member;  Franklin  county,  one  member;  Fulton  and  Hamil- 
ton counties,  one  member;  Genesee  county,  one  member;  Greene 
county,  one  member;  Herkimer  county,  one  member;  Jefferson 
county,  two  members;  Kings  county,  twenty-one  members;  Lewis 
county,  one  member;  Livingston  county,  one  member;  Madison 
county,  one  member ;  Monroe  county,  four  members ;  Montgomery 
county,  one  member;  New  York  county,  thirty-five  members; 
Niagara  county,  two  members;  Oneida  county,  three  members; 
Onondaga  county,  four  members;  Ontario  county,  one  member; 
Orange  county,  two  members;  Orleans  county,  one  member; 
Oswego  county,  two  members;  Otsego  county,  one  member;  Put- 


66S  JOURNAL  OF  THE 

nain  county,  one  member;  Queens  county,  three  members; 
Rensselaer  county,  three  members;  Richmond  county,  one  mem- 
ber; Rockland  county,  one  member;  St.  Lawrence  county,  two 
members;  Saratoga  county,  one  member;  Schenectady  county,  one 
member;  Schoharie  county,  one  member;  Schuyler  county,  one 
member;  Seneca  county,  one  member;  Steuben  county,  two  mem- 
bers ;  Suffolk  county,  two  members ;  Sullivan  county,  one  member ; 
Tioga  county,  one  member;  Tompkins  county,  one  member;  Ulster 
county,  two  members;  Warren  county,  one  member;  Washington 
county,  one  member;  Wayne  county,  one  member;  Westchester 
county,  three  members;  Wyoming  county,  one  member,  and  Yates 
county,  one  member. 

In  any  county  entitled  to  more  than  one  member  the  board  of 
supervisors,  and  in  any  city  embracing  an  entire  county  and  hav- 
ing no  board  of  supervisors,  the  common  council,  or  if  there  be 
none,  the  body  exercising  the  powers  of  a  common  council  shall 
assemble  on  the  second  Tuesday  of  June,  one  thousand  eight 
hundred  and  ninety-five,  and  at  such  times  as  the  Legislature  mak- 
ing an  apportionment  shall  prescribe,  and  divide  such  counties 
into  Assembly  districts  as  nearly  equal  in  number  of  inhabitants 
excluding  aliens,  as  may  be,  of  convenient  and  contiguous  terri- 
tory in  as  compact  form  as  practicable,  each  of  w7hich  shall  be 
wholly  within  a  Senate  district  formed  under  the  same  apportion- 
ment, equal  to  the  number  of  members  of  the  Assembly  to  which 
such  county  shall  be  entitled,  and  shall  cause  to  be  filed  in  the 
office  of  such  Secretary  of  State  and  of  the  clerk  of  such  county, 
a  description  of  such  districts,  specifying  the  number  of  each  dis- 
trict and  of  the  inhabitants  thereof,  excluding  aliens,  according 
to  the  last  preceding  enumeration,  and  such  apportionment  and 
districts  shall  remain  unaltered  until  another  enumeration  shall 
be  made,  as  herein  provided,  but  said  division  of  the  city  of 
Brooklyn  and  the  county  of  Kings  to  be  made  on  the  second  Tues- 
day of  June,  one  thousand  eight  hundred  and  ninety-five,  shall 
be  made  by  the  common  council  of  the  said  city,  and  the  board 
of  supervisors  of  said  county,  assembled  in  joint  session.  In  coun- 
ties having  more  than  one  Senate  district  the  same  number  of 
Assembly  districts  shall  be  put  in  each  Senate  district  unless 
the  Assembly  districts  cannot  be  evenly  divided  among  the  Senate 
districts  of  any  county,  in  which  case  one  or  more  Assembly  dis- 
tricts shall  be  put  in  the  Senate  district  in  such  county  having 
the  largest,  or  one  less  Assembly  district  shall  be  put  in  the  Senate 
district  in  such  county  having  the  smallest  number  of  inhabitants 


CONSTITUTIONAL  CONVENTION.  669 

excluding  aliens,  as  the  case  may  require.  No  town,  and  no  block 
in  a  city,  inclosed  by  streets  or  public  ways,  shall  be  divided  in 
the  formation  of  Assembly  districts,  nor  shall  any  district  contain 
a  greater  excess  in  population  over  an  adjoining  district  in  the 
same  Senate  district,  than  the  population  of  a  town  or  block 
therein  adjoining  such  Assembly  district.  Towns  or  blocks  which, 
from  their  location,  may  be  included  in  either  of  two  districts, 
shall  be  so  placed  as  to  make  said  districts  most  nearly  equal  in 
number  of  inhabitants,  excluding  aliens;  but  in  the  division  of 
cities  under  the  first  apportionment,  regard  shall  be  had  to  the 
number  of  inhabitants,  excluding  aliens,  of  the  election  districts 
according  to  the  State  enumeration  of  one  thousand  eight  hun- 
dred ninety- two,  so  far  as  may  be,  instead  of  blocks.  Nothing  in 
this  section  shall  prevent  the  division,  at  any  time,  of  counties 
and  towns,  and  the  erection  of  new  towns  by  the  Legislature. 

An  apportionment  by  the  Legislature,  or  other  body,  shall  be 
subject  to  review  by  the  Supreme  Court,  at  the  suit  of  any  citi- 
zen, under  such  reasonable  regulations  as  the  Legislature  may 
prescribe;  and  any  court  before  which  a  cause  may  be  pending 
involving  an  apportionment,  shall  give  precedence  thereto  over 
all  other  causes  and  proceedings,  and  if  said  court  be  not  in 
session  it  shall  convene  promptly  for  the  disposition  of  the  same. 

Being  announced  for  third  reading,  Mr.  Dean  moved  that  the 
proposed  amendment  be  recommitted  to  the  Committee  on  Legis- 
lative Organization,  with  instructions  to  report  forthwith  the 
following  amendment: 

Section  — .  The  State  shall  be  divided  into  thirty-two  dis- 
tricts to  be  called  Senate  districts,  each  of  which  shall  choose 
one  Senator.  The  districts  shall  be  numbered  from  one  to  thirty- 
two,  inclusive,  and  shall  remain  as  at  present  constituted  until 
changed  pursuant  to  the  provisions  of  this  Constitution. 

Sec.  — .  An  enumeration  of  the  inhabitants  of  the  State  shall 
be  taken,  under  the  direction  of  the  Legislature,  in  the  year  one 
thousand,  eight  hundred  and  ninety-five,  and  at  the  end  of  every 
ten  years  thereafter;  and  the  districts  shall  be  so  altered  by  the 
Legislature,  at  the  first  regular  session  after  the  return  of  every 
enumeration,  that  each  Senate  district  shall  contain,  as  nearly 
as  may  be,  an  equal  number  of  inhabitants,  excluding  aliens;  and 
shall  remain  unaltered  until  the  return  of  another  enumeration, 
and  shall  at  all  times  consist  of  continguous  territory;  and  no 
county  shall  be  divided  in  the  formation  of  a  Senate  district, 


670  JOURNAL  OP  THE 

except  such  county  shall  be  equitably  entitled  to  two  or  more 
Senators.  In  apportioning  the  Senate  districts  the  Legislature 
shall  be  governed  by  the  figures  of  the  enumeration  hereby  pro- 
vided, and  the  apportionment  shall  be  made  by  dividing  the 
whole  number  of  persons  returned  in  such  enumeration  by  thirty- 
two,  and  grouping  the  counties  in  such  manner  that  a  contiguous 
territory  shall  approximate  with  the  greatest  possible  degree  of 
accuracy  the  ratio  of  representation  thus  established.  In  coun- 
ties entitled  to  two  or  more  Senators  the  apportionment  shall  be 
made  in  such  a  manner  as  to  equitably  divide  the  representation 
among  the  people,  having  regard  to  the  number  of  such  persons 
in  each  of  the  several  districts  as  established  by  the  enumeration 
provided  for  in  this  article. 

Sec.  — .  The  Assembly  shall  consist  of  one  hundred  and 
twenty-eight  members,  elected  for  one  year.  The  members  of 
assembly  shall  be  apportioned  among  the  several  counties  of  the 
State,  by  the  Legislature,  as  nearly  as  may  be,  according  to  the 
number  of  their  respective  inhabitants,  excluding  aliens,  as 
established  by  the  enumeration  provided  for  in  this  article,  and 
shall  be  chosen  by  single  districts.  The  Assembly  districts  shall 
remain  as  at  present  organized,  until  after  the  enumeration  of 
the  inhabitants  of  this  State,  in  the  year  eighteen  hundred  and 
ninety-five.  The  Legislature  at  its  first  regular  session  after 
the  return  of  every  enumeration,  shall  apportion  the  members  of 
the  Assembly  among  the  several  counties  of  the  State,  in  the  man- 
ner aforesaid,  and  the  board  of  supervisors  in  such  counties  as 
may  be  entitled  under  such  apportionment  to  more  than  one 
member,  except  the  city  and  county  of  New  York,  and  in  said  city 
and  county  the  board  of  aldermen  of  said  city,  shall  assemble  at 
such  times  as  the  Legislature  making  such  apportionment  shall 
prescribe,  and  divide  their  respective  counties  into  Assembly  dis- 
tricts, each  of  which  districts  shall  consist  of  convenient  and  con- 
tiguous territory,  equal  to  the  numbers  of  members  of  Assembly 
to  which  such  county  shall  be  entitled,  and  shall  cause  to  be  filed 
in  the  office  of  the  Secretary  of  State,  and  the  clerks  of  their 
respective  counties,  a  description  of  such  districts,  specifying  the 
number  of  each  district  and  the  population  thereof  according  to 
the  last  preceding  enumeration,  as  near  as  can  be  ascertained, 
and  the  apportionment  and  districts  shall  remain  unaltered  until 
another  enumeration  shall  be  made  as  herein  provided.  All  sur- 
plus members,  after  having  provided  for  one  member  from  each 


CONSTITUTIONAL  CONVENTION.  671 

county,  with  the  exception  of  Hamilton,  and  after  each  county 
entitled  to  more  than  one  member  under  the  ratio,  which  shall 
be  determined  by  dividing  the  whole  number  of  persons  returned 
at  the  last  enumeration,  exclusive  of  aliens,  by  one  hundred  and 
twenty-eight,  shall  have  been  given  its  full  quota,  shall  be  appor- 
tioned to  the  counties  having  the  largest  final  fraction  above  the 
ratio.  No  town  shall  be  divided  in  the  formation  of  Assembly 
districts.  Every  county  heretofore  established  and  separately 
organized,  except  the  county  of  Hamilton,  shall  always  be  entitled 
to  one  member  of  the  Assembly,  and  no  new  county  shall  be  here- 
after erected,  unless  its  population  shall  entitle  it  to  a  member. 
The  county  of  Hamilton  shall  elect  with  the  county  of  Fulton, 
until  the  population  of  the  county  of  Hamilton  shall,  according  to 
the  ratio,  be  entitled  to  a  member.  But  the  Legislature  may 
abolish  the  said  county  of  Hamilton,  and  annex  the  territory  to 
some  other  county  or  counties.  Nothing  in  this  section  shall 
prevent  division  at  any  time  of  counties  and  towns,  and  the  erec- 
tion of  new  towns  and  counties  by  the  Legislature. 

Mr.  Tekulsky  moved  that  the  proposed  constitutional  amend- 
ment under  consideration,  being  General  Order  No.  74,  be  recom- 
mitted to  the  Committee  on  Legislative  Organization,  with 
instructions  to  amend  as  follows,  and  report  the  same  forthwith 
to  the  Convention: 

On  page  3  line  4,  by  inserting  before  the  word  "  Broome  "  the 
words  "Dominick  street,  Varick  street,"  and  on  page  4,  line  3, 
insert  before  the  word  "  Broome  "  the  words  "  Dominick  street, 
Varick  street." 

Mr.  Jenks  moved  to  instruct  said  committee  as  follows: 
Amend  section  4,  on  page  10,  by  striking  out  lines  "  22,  23,  24 

and  25  "  of  said  page,  and  also  lines  "  1,  2,  3,  4,  5,  6,  7,  8,  9,  10," 

of  page  11. 

Mr.  Roche  moved  to  instruct  said  committee  as  follows: 
Strike  out  "  1905 "  on  lines  3    and    4,    page    10,    and    insert 
instead  "  1895." 

Mr.  Mereness  moved  to  instruct  said  committee  to  amend  as 
follows!: 

Add  the  following  section: 

Sec.  6.  Each  member  of  the  Legislature,  elected  after  January 
1,  1895,  shall  receive  for  his  services  an  annual  salary  of  twelve 


672  JOURNAL  OF  THE 

hundred  dollars;  and  shall  also  receive  the  sum  of  one  dollar  for 
every  ten  miles  he  shall  travel  in  going  to  and  returning  from 
the  place  of  meeting,  once  in  each  session,  on  the  most  usual 
route.  Senators,  when  the  Senate  is  convened  in  extraordinary 
session,  or  when  serving  as  members  of  the  court  for  the  trial  of 
impeachments,  and  such  members  of  the  Assembly,  not  exceed- 
ing nine,  as  shall  be  appointed  managers  of  an  impeachment, 
shall  receive  an  additional  allowance  of  ten  dollars  for  each  day 
necessarily  engaged. 

Mr.  Becker  moved  that  the  proposed  constitutional  amendment 
under  consideration,  being  General  Order  No.  74,  be  recommitted 
to  the  Committee  on  Legislative  Organization,  with  instructions 
to  amend  as  follows,  and  report  the  same  forthwith  to  the  Con- 
vention amended  as  follows: 

On  page  9,  line  12,  after  the  word  "  first "  insert  the  word 
"second,"  and  in  line  12  strike  out  the  word  "sixteenth;"  also, 
on  same  page,  line  17,  strike  out  the  word  "  second,"  and  in  line 
1.8,  after  the  word  "  fourteenth,"  insert  the  word  "  sixteenth." 

Pending  the  debate,  Mr.  Boot  moved  that  the  time  of  the 
session  be  extended  to  six  o'clock. 

The  question  being  on  the  motion  of  Mr.  Hoot,  Messrs.  Barrow 
and  Cochran  were  appointed  as  tellers,  and  announced  the  result 
as  follows  :  Ayes  74,  noes  23,  and  the  motion  was  declared  carried. 

Mr.  Tibbetts  moved  to  further  instruct  said  committee  as 
follows : 

"  Strike  out  all  matters  relating  to  apportionment,  so  far  as  it 
actually  apportions  the  Senate  and  Assembly  districts,  and  report 
a  general  proposition  to  prevent  unequal  and  unjust  apportion- 
ments. Also,  giving  the  Legislature  power  to  increase  the  mem- 
bership of  the  Senate  and  Assembly." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Tekulsky. 
Mr.  J.  C.  Davies  and  Mr.  Cochran  were  appointed  as  teller's,  and 
announced  the  following  vote:  Ayes  97,  noes  60,  and  the  motion 
was  declared  carried. 

Mr.  President  put  the  question;  on  the  motion  of  Mr.  Becker, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mereness. 
Mr.  J.  C.  Davies  and  Mr.  Cochran  were  appointed  tellers,  and 


CONSTITUTIONAL  CONVENTION.  673 

announced  the  vote  as  follows :     Ayes  33,  noes  68,  and  the  motion 
was  declared  to  be  lost. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Jenks, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Tibbetts, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Dean, 
and  it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Bigelow,  Blake,  Bowers,  Burr,  Bush,  Campbell, 
Cassidy,  Chipp,  Jr.;  Cochran,  Danforth,  Davenport,  Deady,  Dean, 
Deyo,  Durnin,  Emmet,  Forbes,  Giegerich,  Gilleran,  Goeller,  Green, 
J.  L;  Griswold,  Herzberg,  A.;  Holcomb,  Hotchkiss,  Hottenroth, 
Jenks,  Kerwin,  Kimmey,  Marks,  Maybee,  McClure,  McCurdy, 
McLaughlin,  J.  W.;  Mulqueen,  Nicoll,  De  L.;  Ohmeis,  Osborn,  Par- 
menter,  Peabody,  Peck,  Platzek,  Koche,  Sandford,  Schumaker, 
Smith,  Sullivan,  W.;  Tekulsky,  Titus,  Truax,  C.  H.;  Tucker, 
Veeder,  Williams  —  53. 

Noes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Barhite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown, 
E.  R.;  Cady,  Carter,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coleman, 
Cookinham,  Corn  well,  Countryman,  Crosby,  Davies,  J.  C.;  Davis, 
G.  A.;  Deterling,  Dickey,  Doty,  Durfee,  Faber,  Floyd,  Foote, 
Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser,  Fuller,  C.  A.; 
Fuller,  O.  A.;  Galinger,  Gilbert,  Goodelle,  Hamlin,  Hawley, 
Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Johnson,  L  Sam; 
Johnson,  J.;  Kinkel,  Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.; 
Lincoln,  Lyon,  Manley,  Mantanye,  Marshall,  Me  Arthur,  McDon- 
ough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Moore, 
Morton,  Nichols,  W.  H.;  Nostrand,  O'Brien,  Parker,  Parkhurst, 
Pashley,  Phipps,  Pool,  Porter,  Powell,  Putnam,  Redman,  Root, 
Spencer,  Springweiler,  Steele,  A.  B.;  Steel e,  W.  H.;  Storm,  Sulli- 
van, T.  A.;  Turner,  Vedder,  Vogt,  Wellington,  Whitmyer,  Wig- 
gins, Woodward,  President  —  94. 

On  motion  of  Mr.  Bowers,  at  5.50,  the  Convention  took  a  recess 
until  8  o'clock. 

43 


674  JOURNAL  OF  THE 

EVENING  SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met. 

Mr.  President  directed  the  Secretary  to  call  the  roll  to  ascer- 
tain if  a  quorum  was  present,  when  the  following  Delegates 
answered  to  the  call  of  their  names : 

Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold,  Baker,  Banks, 
Barhite,  Barnum,  Barrow,  Becker,  Bigelow,  Blake,  Brown,  E.  A.; 
Brown,  E.  R;  Burr,  Bush,  Cady,  Campbell,  Carter,  Cassidy, 
Chipp,  Jr.;  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Cochran,  Cole- 
man,  Cookinham,  Cornwell,  Countryman,  Crosby,  Davenport, 
Davies,  J.  C. ;  Davis,  G.  A. ;  Deady,  Dean,  Deterling,  Deyo,  Dickey, 
Doty,  Durfee,  Durnin,  Emmet,  Faber,  Floyd,  Forbes,  Francis, 
Frank,  Andrew;  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger, 
Gibney,  Giegerich,  Gilbert,  Gilleran,  Goeller,  Goodelle,  Green, 

A.  H.;  Green,  J.  L;  Griswold,  Hamlin,  Hawley,  Hecker,  Hedges, 
Herzberg,  A.;  Hill,  Hirschberg,  M.  H.;  Holcomb,  Holls,  Hotch- 
kiss,  Hottenroth,  Jenks,  Johnson,  I.  Sam;  Johnson,  J.;  Johnston, 

B.  M.;  Kerwin,  Kimmey,  Kinkel,    Kurth,    Lauterbach,    Lester, 
Lewis,  C.  H. ;  Lincoln,  Lyon,  Manley,  Mantanye,  Marks,  Marshall, 
Maybee,   McArthur,  McClure,  McCurdy,  McDonough,  Mclntyre, 
McKinstry,  McLaughlin,  C.  B.;  McLaughlin,    J.    W.;    McMillan, 
Meyenborg,  Moore,  Morton,  Mulqueen,  Nichols,  W.  H.;  Nostrand, 
O'Brien,  Ohmeis,  Osborn,  Parker,  Parmenter,  Pashley,  Peabody, 
Peck,  Phipps,  Platzek,  .Pool,  Porter,  Powell,  Pratt,  Putnam,  Red- 
man, Roche,    Rogers,    Root,    Sandford,    Spencer,    Springweiler, 
Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Sullivan,  W.; 
Tibbetts,  Titus,  Tucker,  Turner,  Vedder,  Veeder,  Vogt,  Welling- 
ton, Whitmyer,  Wiggins,  Williams,  Woodward,  President. 

Mr.  Gilbert  then  asked  unanimous  consent  to  amend  said  pro- 
posed constitutional  amendment  by  striking  out  the  word  "  one- 
half,"  on  line  1,  page  11,  and  inserting  in  lieu  thereof,  the  word 
"  one-third,"  which  was  objected  to. 

Said  proposed  constitutional  amendment,  printed  No.  454,  in 
words  following: 


CONSTITUTIONAL  CONVENTION.  675 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To   Amend   Article   Three   Relating   to   the   Apportionment   of 
Senate  and  Assembly  Districts. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

Sections  2,  3,  4  and  5  of  article  3,  are  hereby  amended  so  as  to 
read  as  follows: 

Sec.  2.  The  Senate  shall  consist  of  fifty  members,  except  as 
hereinafter  provided.  The  Senators  elected  in  the  year  one  thou- 
sand eight  hundred  and  ninety-five  shall  hold  their  offices  for- 
three  years,  and  their  successors  shall  be  chosen  for  two  years. 
The  As'sembly  shall  consist  of  one  hundred  and  fifty  members  who 
shall  be  chosen  for  one  year. 

Sec.  3.  The  State  shall  be  divided  into  fifty  districts  to  be 
called  Senate  districts,  each  of  which  shall  choose  one  Senator. 
The  districts  shall  be  numbered  from  one  to  fifty  inclusive. 

District  number  one  (1)  shall  consist  of  the  counties  of  Suffolk 
and  Richmond. 

District  number  two  (2)  shall  consist  of  the  county  of  Queens. 

District  number  three  (3)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  first,  second,  third,  fourth,  fifth  and  sixth 
wards  of  the  city  of  Brooklyn. 

District  number  four  (4)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  seventh,  thirteenth,  nineteenth  and 
twenty-first  wards  of  the  city  of  Brooklyn. 

District  number  five  (5)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighth,  tenth,  twelfth  and  thirtieth  wards 
of  the  city  of  Brooklyn,  and  the  ward  of  the  city  of  Brooklyn 
which  was  formerly  the  town  of  Gravesend. 

District  number  six  (6)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  ninth,  eleventh,  twentieth  and  tweny- 
second  wards  of  the  city  of  Brooklyn. 

District  number  seven  (7)  shall  consist  of  that  part  of  the 
county  of  Kings  comprising  the  fourteenth,  fifteenth,  sixteenth 
xnd  seventeenth  wards  of  the  city  of  Brooklyn. 

District  number  eight  (8)  shall  consist  of  that  part  of  the 
Bounty  of  Kings  comprising  the  twenty-third,  twenty-fourth, 
Twenty-fifth  and  twenty-ninth  wards  of  the  city  of  Brooklyn,  and 
:he  town  of  Flatlands. 


676  JOURNAL  OF  THE 

District  number  nine  (9)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighteenth,  twenty-sixth,  twenty-seventh 
and  twenty-eight  wards  of  the  city  of  Brooklyn. 

District  number  ten  (10)  shall  consist  of  that  part  of  the  county 
of  New  York  within  and  bounded  by  a  line  beginning  at  Canal 
street  and  the  Hudson  river,  and  running  thence  along  Canal 
street,  Hudson  street,  Dominick  street,  Varick  street,  Broonie 
street,  Sullivan  street,  Spring  street,  Broadway,  Canal  street,  the 
Bowery,  Division  street,  Grand  street  and  Jackson  street,  to  the 
East  river  and  thence  around  the  southern  end  of  Manhattan 
island  to  the  place  of  beginning,  and  also  Governor's,  Bedlow's 
and  Ellis  islands. 

District  number  eleven  (11)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  ten,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  Broad- 
way and  Canal  street,  and  running  thence  along  Broadway, 
Fourth  street,  the  Bowery  and  Third  avenue,  St.  Mark's 
place,  Avenue  A,  Seventh  street,  Avenue  B,  Clinton  street,  Riv- 
ington  street,  Norfolk  street,  Division  street,  Bowery  and  Canal 
street,  to  the  place  of  beginning. 

District  number  twelve  (12)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  ten  and 
eleven  and  within  and  bounded  by  a  line  beginning  at  Jackson 
street  and  the  East  river,  and  running  thence  through  Jackson 
street,  Grand  street,  Division  street,  Norfolk  street,  Rivington 
street,  Clinton  street,  Avenue  B,  Seventh  street,  Avenue  A, 
St.  Mark's  place,  Third  avenue,  East  Fourteenth  street  to  the 
East  river,  and  along  the  East  river,  to  the  place  of  beginning. 

District  number  thirteen  (13)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  ten,  and 
within  and  bounded  by  a  line  beginning  at  the  Hudson  river  at  the 
foot  of  Canal  street  and  running  thence  along  Canal  street,  Hud- 
son street,  Dominick  street,  Varick  street,  Broome  street,  Sulli- 
van street,  Spring  street,  Broadway,  Fourth  street,  the  Bowery, 
and  Third  avenue,  Fourteenth  street,  Sixth  avenue,  West  Fif- 
teenth street,  Seventh  avenue,  West  Nineteenth  street,  Eighth 
avenue,  West  Twentieth  street,  and  the  Hudson  river,  to  the  place 
of  beginning. 

District  number  fourteen  (14)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  twelve 
and  thirteen,  and  within  and  bounded  by  a  line  beginning  at  East 


CONSTITUTIONAL  CONVENTION.  677 

Fourteenth  street  and  the  East  river,  and  running  thence  along 
East  Fourteenth  street,  Irving  place,  East  Nineteenth  street, 
Third  avenue,  East  Twenty-third  street,  Lexington  avenue,  East 
Fifty-third  street,  Third  avenue,  East  Fifty-second  street,  and  the 
East  river,  to  the  place  of  beginning. 

District  number  fifteen  (15)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  thirteen,  and 
Avithin  and  bounded  by  a  line  beginning  at  the  junction  of  West 
Fourteenth  street  and  Sixth  avenue,  and  running  thence  along 
Sixth  avenue,  West  Fifteenth  street,  Seventh  avenue,  West  For- 
tieth street,  Eighth  avenue,  and  the  Transvers  road  across  Cen- 
tral park  at  Ninety-seventh  street,  Fifth  avenue,  East  Ninety- 
sixth  street,  Lexington  avenue,  East  Twenty-third  street,  Third 
avenue,  East  Nineteenth  street,  Irving  place  and  Fourteenth 
street,  to  the  place  of  beginning. 

District  number  sixteen  (16)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  thirteen,  and 
within  and  bounded  by  a  line  beginning  at  Seventh  avenue  and 
West  Nineteenth  street,  and  running  thence  along  West  Nine- 
teenth street,  Eighth  avenue,  West  Twentieth  street,  the  Hudson 
river,  West  Forty-sixth  street,  Tenth  avenue,  West  Forty-third 
street,  Eighth  avenue,  West  Fortieth  street  and  Seventh  avenue, 
to  the  place  of  beginning. 

District  number  seventeen  (17)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  sixteen  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  Eighth 
avenue  and  West  Forty-third  street,  and  running  thence  along 
West  Forty-third  street,  Tenth  avenue,  West  Forty-sixth  street, 
the  Hudson  river,  West  Eighty-ninth  street,  Tenth  avenue,  West 
Eighty-sixth  street,  Ninth  avenue,  West  Eighty-first  street  and 
Eighth  avenue,  to  the  place  of  beginning. 

District  number  eighteen  (18)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  fourteen, 
and  within  and  bounded  by  a  line  beginning  at  the  junction  of 
East  Fifty-second  street  and  East  river,  and  running  thence 
along  East  Fifty-second  street,  Third  avenue,  East  Fifty-third 
street,  Lexington  avenue,  East  Eighty-fourth  street,  Second  ave- 
nue, East  Eighty-third  street  and  the  East  river,  to  the  place 
of  beginning;  and  also  Blackwell's  island. 

District  number  nineteen  (19)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  seventeen,  and 


678  JOURNAL  OF  THE 

within  and  bounded  by  a  line  beginning  at  West  Eighty-ninth 
street  and  the  Hudson  river,  and  running  thence  along  the  Hud- 
son river  and  Spuyten  Duyvil  creek  around  the  northern  end 
of  Manhattan  island;  thence  southerly  along  the  Harlem  river 
to  the  north  end  of  Fifth  avenue;  thence  along  Fifth  avenue, 
East  One  Hundred  and  Twenty-ninth  street,  Fourth  avenue,  East 
One  Hundred  and  Tenth  street,  Fifth  avenue,  the  Transverse  road 
across  Central  Park  at  Ninety-seventh  street,  Eighth  avenue, 
West  Eighty-first  street,  Ninth  avenue,  West  Eighty-sixth  street, 
Tenth  avenue  and  West  Eighty-ninth  street,  to  the  place  of 
beginning. 

District  number  twenty  (20)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  eighteen 
and  fifteen,  and  within  and  bounded  by  a  line  beginning  at  East 
Eighty-third  street  and  the  East  river,  running  thence  through 
East  Eighty-third  street,  Second  avenue,  East  Eighty-fourth 
street,  Lexington  avenue,  East  Ninety-sixth  street,  Fifth  avenue, 
East  One  Hundred  and  Tenth  street,  Fourth  avenue,  East  One 
Hundred  and  Nineteenth  street  to  the  Harlem  river,  and  along 
the  Harlem  and  East  rivers  to  the  place  of  beginning;  and  also 
Randall's  island  and  Ward's  island. 

District  number  twenty-one  (21)  shall  consist  of  that  part  of 
the  county  of  New  York  lying  north  of  districts  numbers  nineteen 
and  twenty,  within  and  bounded  by  a  line  beginning  at  East  One 
Hundred  and  Nineteenth  street  and  Harlem  river,  and  running 
thence  along  East  One  Hundred  and  Nineteenth  street,  Fourth, 
avenue,  One  Hundred  and  Twenty-ninth  street,  Fifth  avenue  and 
the  Harlem  river,  to  the  place  of  beginning;  and  all  that  part  of 
the  city  of  New  York  lying  north  and  east  of  Harlem  river. 

District  number  twenty-two  (22)  shall  consist  of  the  county  of 
Westchester. 

District  number  twenty-three  (23)  shall  consist  of  the  counties 
of  Orange  and  Rockland. 

District  number  twenty-four  (24)  shall  consist  of  the  counties 
of  Dutchess,  Columbia  and  Putnam. 

District  number  twenty-five  (25)  shall  consist  of  the  counties 
of  Ulster  and  Greene. 

District  number  twenty-six  (26)  shall  consist  of  the  counties  of 
Delaware,  Chenango  and  Sullivan. 

District  number  twenty-seven  (27)  shall  consist  of  the  counties 
of  Montgomery,  Fulton,  Hamilton  and  Schoharie. 


CONSTITUTIONAL  CONVENTION.  679 

District  Dumber  twenty-eight  (28)  shall  consist  of  the  counties 
of  Saratoga,  Schenectady  and  Washington. 

District  number  twenty-nine  (29)  shall  consist  of  the  county  of 
Albany. 

District  number  thirty  (30)  shall  consist  of  the  county  of 
Rensselaer. 

District  number  thirty-one  (31)  shall  consist  of  the  counties  of 
Clinton,  Essex  and  Warren. 

District  number  thirty-two  (32)  shall  consist  of  the  counties  of 
St.  Lawrence  and  Franklin. 

District  number  thirty-three  (33)  shall  consist  of  the  counties 
of  Otsego  and  Herkimer. 

District  number  thirty-four  (34)  shall  consist  of  the  county  of 
Oneida. 

District  number  thirty-five  (35)  shall  consist  of  the  counties  of 
Jefferson  and  Lewis.  \ 

District  number  thirty-six  (36)  shall  consist  of  the  county  of 
Onondaga. 

District  number  thirty-seven  (37)  shall  consist  of  the  counties 
of  Oswego  and  Madison. 

District  number  thirty-eight  (38)  shall  consist  of  the  counties 
of  Broome,  Cortland  and  Tioga. 

District  number  thirty-nine  (39)  shall  consist  of  the  counties  of 
Cayuga  and  Seneca. 

District  number  forty  (40)  shall  consist  of  the  counties  of 
Chemung,  Tompkins  and  Schuyler. 

District  number  forty-one  (41)  shall  consist  of  the  counties  of 
Steuben  and  Yates. 

District  number  forty-two  (42)  shall  consist  of  the  counties  of 
Ontario  and  Wayne. 

District  number  forty-three  (43)  shall  consist  of  that  part  of 
the  county  of  Monroe  comprising  the  towns  of  Brighton,  Henri- 
etta, Irondequoit,  Mendon,  Penfield,  Perinton,  Pittsford,  Kush  and 
Webster,  and  the  fourth,  sixth,  seventh,  eighth,  twelfth,  thir- 
teenth, fourteenth,  sixteenth,  seventeenth,  and  eighteenth  wards 
of  the  city  of  Rochester,  as  at  present  constituted. 

District  number  forty-four  (44)  shall  consist  of  that  part  of  the 
county  of  Monroe  comprising  the  towns  of  Chili,  Clarkson,  Gates, 
Greece,  Hamlin,  Ogden,  Parma,  Riga,  Sweden  and  Wheatland, 
and  the  first,  second,  third,  fifth,  ninth,  tenth,  eleventh,  fifteenth, 
nineteenth  and  twentieth  wards  of  the  city  of  Rochester,  as  at 
present  constituted. 


680  JOURNAL  OF  THE 

District  number  forty-five  (45)  shall  consist  of  the  counties  of 
Niagara,  Genesee  and  Orleans. 

District  number  forty-six  (46)  shall  consist  of  the  counties  of 
Allegany,  Livingston  and  Wyoming. 

District  number  forty-seven  (47)  shall  consist  of  that  part  of  the 
county  of  Erie,  comprising  the  first,  second,  third,  sixth,  fifteenth, 
nineteenth,  twentieth,  twenty-first,  twenty-second,  twenty-third 
and  twenty-fourth  wards  of  the  city  of  Buffalo,  as  at  present 
constituted. 

District  number  forty-eight  (48)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  fourth,  fifth,  seventh,  eighth,  ninth, 
tenth,  eleventh,  twelfth,  thirteenth,  fourteenth  and  sixteenth 
wards  of  the  city  of  Buffalo,  as  at  present  constituted. 

District  number  forty-nine  (49)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  seventeenth,  eighteenth  and 
twenty-fifth  wards  of  the  city  of  Buffalo,  as  at  present  constituted ; 
and  all  the  remainder  of  the  said  county  of  Erie  not  hereinbefore 
described. 

District  number  fifty  (50)  shall  consist  of  the  counties  of  Chau- 
tauqua  and  Cattaraugus. 

Sec.  4.  An  enumeration  of  the  inhabitants  of  the  State  shall 
be  taken  under  the  direction  of  the  Secretary  of  State,  during  the 
months  of  May  and  June,  in  the  year  one  thousand  nine  hundred 
and  five,  and  in  the  same  months  every  tenth  year  thereafter; 
and  the  said  districts  shall  be  so  altered  by  the  Legislature  at  the 
first  regular  session  after  the  return  of  every  enumeration,  that 
each  Senate  district  shall  contain  as  nearly  as  may  be  an  equal 
number  of  inhabitants,  excluding  aliens,  and  be  in  as  compact 
form  as  practicable,  and  shall  remain  unaltered  until  the  return 
of  another  enumeration,  and  shall  at  all  times,  consist  of  con- 
tiguous territory,  and  no  county  shall  be  divided  in  the  formation 
of  a  Senate  district  except  to  make  two  or  more  Senate  districts 
wholly  in  such  county.  No  town  and  no  block  in  a  city,  inclosed 
by  streets  or  public  ways,  shall  be  divided  in  the  formation  of 
Senate  districts;  nor  shall  any  district  contain  a  greater  excess 
in  population  over  an  adjoining  district  in  the  same  county,  than 
the  population  of  a  town  or  block  therein,  adjoining  such  district. 
Counties,  towns  or  blocks  which,  from  their  location,  may  be 
included  in  either  of  two  districts,  shall  be  so  placed  as  to  make 
said  districts  most  nearly  equal  in  number  of  inhabitants,  exclud- 
ing aliens. 


CONSTITUTIONAL  CONVENTION.  681 

No  county  shall  have  four  or  more  Senators  unless  it  shall  have 
a  full  ratio  for  each  Senator.  No  county  shall  have  more  than 
one- third  of  all  the  Senators;  and  no  two  counties  or  the  terri- 
tory thereof  as  now  organized,  which  are  adjoining  counties,  or 
which  are  separated  only  by  public  waters,  shall  have  more  than 
one-half  of  all  the  Senators. 

The  ratio  for  apportioning  Senators  shall  always  be  obtained 
by  dividing  the  number  of  inhabitants,  excluding  aliens,  by  fifty, 
and  the  Senate  shall  always  be  composed  of  fifty  members,  except 
that  if  any  county  having  three  or  more  Senators  at  the  time  of 
any  apportionment  shall  be  entitled  on  such  ratio  to  an  addi- 
tional Senator  or  Senators,  such  additional  Senator  or  Senators 
shall  be  given  to  such  county  in  addition  to  the  fifty  Senators, 
and  the  whole  number  of  Senators  shall  be  increased  to  that 
extent. 

Sec.  5.  The  members  of  the  Assembly  shall  be  chosen  by 
single  districts,  and  shall  be  apportioned  by  the  Legislature  at 
the  first  regular  session  after  the  return  of  every  enumeration 
among  the  several  counties  of  the  State,  as  nearly  as  may  be, 
according  to  the  number  of  their  respective  inhabitants,  exclud- 
ing aliens.  Every  county  heretofore  established  and  separately 
organized,  except  the  county  of  Hamilton,  shall  always  be  entitled 
to  one  member  of  Assembly,  and  no  county  shall  hereafter  be 
erected  unless  its  population  shall  entitle  it  to  a  member.  The 
county  of  Hamilton  shall  elect  with  the  county  of  Fulton,  until 
the  population  of  the  county  of  Hamilton  shall,  according  to  the 
ratio,  entitle  it  to  a  member.  But  the  Legislature  may  abolish 
the  said  county  of  Hamilton  and  annex  the  territory  thereof  to 
some  other  county  or  counties. 

The  quotient,  obtained  by  dividing  the  whole  number  of  inhabi- 
tants of  the  State,  excluding  aliens,  by  the  number  of  members  of 
Assembly,  shall  be  the  ratio  for  apportionment,  which,  shall  be 
made  as  follows: 

One  member  of  Assembly  shall  be  apportioned  to  every  county, 
including  Fulton  and  Hamilton  as  one  county,  containing  less 
than  the  ratio  and  one-half  over.  Two  members  shall  be  appor- 
tioned to  every  other  county.  The  remaining  members  of  Assem- 
bly shall  be  apportioned  to  the  counties  having  more  than  two 
ratios  according  to  the  number  of  inhabitants,  excluding  aliens. 
Members  apportioned  on  remainders  shall  be  apportioned  to  the 
counties  having  the  highest  remainders  in  the  order  thereof 


682  JOURNAL  OF  THE 

respectively.  No  county  shall  have  more  members  of  Assembly 
than  a  county  having  a  greater  number  of  inhabitants,  excluding 
aliens. 

Until  after  the  next  enumeration  members  of  the  Assembly 
shall  be  apportioned  to  the  several  counties  as  follows:  Albany 
county,  four  members;  Allegany  county,  one  member;  Broome 
county,  two  members;  Cattaraugus  county,  two  members.  Cayuga 
county,  two  members;  Chautauqua  county,  two  members;  Che- 
nmng  county,  one  member;  Chenango  county,  one  member; 
Clinton  county,  one  member;  Columbia  county,  one  member; 
Cortland  county,  one  member;  Delaware  county,  one  member; 
Dutchess  county,  two  members;  Erie  county,  eight  members; 
Essex  county,  one  member;  Franklin  county,  one  member;  Ful- 
ton and  Hamilton  counties,  one  member;  Genesee  county,  one 
member;  Greene  county,  one  member;  Herkimer  county,  one 
member;  Jefferson  county,  two  members;  Kings  county,  twenty- 
one  members;  Lewis  county,  one  member;  Livingston  county,  one 
member;  Madison  county,  one  member;  Monroe  county,  four 
members;  Montgomery  county,  one  member;  New  York  county, 
thirty-five  members;  Niagara  county,  two  members;  Oneida 
county,  three  members;  Onondaga  county,  four  members; 
Ontario  county,  one  member;  Orange  county,  two  members; 
Orleans  county,  one  member;  Oswego  county,  two  members: 
Otsego  county,  one  member;  Putnam  county,  one  member; 
Queens  county,  three  members;  Kensselaer  county,  three  mem- 
bers; Richmond  county,  one  member;  Rockland  county,  one 
member;  St.  Lawrence  county,  two  members;  Saratoga  county, 
one  member;  Schenectady  county,  one  member;  Schoharie 
county,  one  member;  Schuyler  county,  one  member;  Seneca 
county,  one  member;  Steuben  county,  two  members;  Suf- 
folk county,  two  members;  Sullivan  county,  one  member;  Tioga 
county,  one  member;  Tompkins  county,  one  member;  Ulster 
county,  two  members;  Warren  county,  one  member;  Washing- 
ton county,  one  member;  Wayne  county,  one  member;  West 
Chester  county,  three  members;  Wyoming  county,  one  member, 
and  Yates  county,  one  member. 

In  any  county  entitled  to  more  than  one  member  the  board  of 
supervisors,  and  in  any  city  embracing  an  entire  county  and  hav- 
ing no  board  of  supervisors,  the  common  council,  or  if  there  be 
none,  the  body  exercising  the  powers  of  a  common  council  shall 
assemble  on  the  second  Tuesday  of  June,  one  thousand  eight 


CONSTITUTIONAL  CONVENTION.  683 

hundred  and  ninety-five,  and  at  such  times  as  the  Legislature 
making  an  apportionment  shall  prescribe,  and  divide  such 
counties  into  Assembly  districts  as  nearly  equal  in  number  of 
inhabitants,  excluding  aliens,  as  may  be,  of  convenient  and  con- 
tiguous territory  in  as  compact  form  as  practicable,  each  of  which 
shall  be  wholly  within  a  Senate  district  formed  under  the  same 
apportionment,  equal  to  the  number  of  members  of  the  Assembly 
to  which  such  county  shall  be  entitled,  and  shall  cause  to  be  filed 
in  the  office  of  such  Secretary  of  State  and  of  the  clerk  of  such 
county,  a  description  of  such  districts,  specifying  the  number  of 
each  district  and  of  the  inhabitants  thereof,  excluding  aliens, 
according  to  the  last  preceding  enumeration,  and  such  apportion- 
ment and  districts  shall  remain  unaltered  until  another  enume- 
ration shall  be  made,  as  herein  provided,  but  said  division  of  the 
city  of  Brooklyn  and  the  county  of  Kings  to  be  made  on  the 
second  Tuesday  of  June,  one  thousand  eight  hundred  and  ninety- 
five,  shall  be  made  by  the  common  council  of  said  city,  and  the 
board  of  supervisors  of  said  county,  assembled  in  joint  session. 
In  counties  having  more  than  one  Senate  district,  the  same  num- 
ber of  Assembly  districts  shall  be  put  in  each  Senate  district, 
unless  the  Assembly  districts  cannot  be  evenly  divided  among  the 
Senate  districts  of  any  county,  in  which  case  one  or  more  Assem- 
bly district  shall  be  put  in  the  Senate  district  in  such  county 
having  the  largest,  or  one  less  Assembly  district  shall  be  put  in 
the  Senate  district  in  such  county  having  the  smallest  number  of 
inhabitants,  excluding  aliens,  as  the  case  may  require.  No  town, 
and  no  block  in  a  city,  inclosed  by  streets  or  public  ways,  shall 
be  divided  in  the  formation  of  Assembly  districts,  nor  shall  any 
district  contain  a  greater  excess  in  population  over  an  adjoining 
district  in  the  same  Senate  district,  than  the  population  of  a  town 
or  block  therein  adjoining  such  Assembly  district.  Towns  or 
blocks  which,  from  their  location,  may  be  included  in  either  of 
two  districts,  shall  be  so  placed  as  to  make  said  districts  most 
nearly  equal  in  number  of  inhabitants,  excluding  aliens;  but  in 
the  division  of  cities  under  the  first  apportionment,  regard  shall 
be  had  to  the  number  of  inhabitants,  excluding  aliens,  of  the 
election  districts  according  to  the  State  enumeration  of  one  thou- 
sand eight  hundred  ninety-two,  so  far  as  may  be,  instead  of  blocks. 
Nothing  in  this  section  shall  prevent  the  division,  at  any  time, 
of  counties  and  towns,  and  the  erection  of  new  towns  by  the 
Legislature. 


684  JOURNAL  OF  THE 

An  apportionment  by  the  Legislature,  or  other  body,  shall  be 
subject  to  review  by  the  Supreme  Court,  at  the  suit  of  any  citizen, 
under  such  reasonable  regulations  as  the  Legislature  may  pre- 
scribe; and  any  court  before  which  a  cause  may  be  pending- 
involving  all  other  causes  and  proceedings,  and  if  said  court  be 
not  in  session,  it  shall  convene  promptly  for  the  disposition  of 
the  same. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Barhite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown, 
E.  R.;  Cady,  Carter,  Cassidy,  Church,  Clark,  G.  W.;  Clark,  H.  A.; 
Coleman,  Cookinham,  Cornwell,  Crosby,  Davies,  J.  C.;  Davis, 
G.  A.;  Deterling,  Dickey,  Doty,  Durfee,  Faber,  Floyd,  Foote, 
Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser,  Fuller,  C.  A. ; 
Fuller,  O.  A.;  Galinger,  Gilbert,  Goodelle,  Hainlin,  Hawley, 
Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Johnson,  I.  Sam; 
Johnson,  J. ;  Johnston,  R.  M. ;  Kinkel,  Kurth,  Lauterbach,  Lester, 
Lewis,  C.  H.;  Lincoln,  Lyon,  Manley,  Mantanye,  Marshall,  Me  Ar- 
thur, McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.; 
McMillan,  Moore,  Morton,  Nichols,  W.  H.;  Nostrand,  O'Brien, 
Parker,  Parkhurst,  Pashley,  Phipps,  Pool,  Porter,  Powell,  Pratt, 
Putnam,  Redman,  Root,  Spencer,  Springweiler,  Steele,  A.  B.; 
Steele,  W.  H.;  Storm,  SuUivan,  T.  A.;  Turner,  Tedder,  Vogt,  Wel- 
lington, Whitmyer,  Wiggins,  Woodward,  President  —  96. 

Noes  —  Messrs.  Banks,  Bigelow,  Blake,  Bowers,  Burr,  Bush, 
Campbell,  Chipp,  Jr.;  Cochran,  Countryman,  Danforth,  Daven- 
port, Deady,  Dean,  Deyo,  Durum,  Emmet,  Forbes,  Gibney,  Gieg- 
erich,  Gilleran,  Goeller,  Green,  A.  H.;  Green,  J.  I.;  Griswold, 
Herzberg,  A.;  Holcomb,  Hotchkiss,  Hottenroth,  Jenks,  Kerwin, 
Kimmey,  Marks,  Maybee,  McClure,  McCurdy,  McLaughlin,  J.  W.; 
Meyenborg,  Mulqueen,  Nicoll,  De  L. ;  Ohmeis,  Osborn,  Parmenter, 
Peabody,  Peck,  Platzek,  Roche,  Rogers,  Sandford,  Schumaker, 
Smith,  Speer,  Sullivan,  W.;  Tekulsky,  Titus,  Towns,  Truax,  C.  H.; 
Tucker,  Veeder,  Williams  —  60. 

The  proposed  constitutional  amendment,  printed  No.  452,  "  To 
amend  the  Constitution  relative  to  the  forest  preserve,"  being 
announced  for  third  reading,  Mr.  Root  moved  that  the  session 
be  extended  until  10.30  P.  M. 


CONSTITUTIONAL  CONVENTION.  685 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root,  and 
it  was  determined  in  the  affirmative. 

Ayes  —  Messrs,  Abbott,  Acker,  Allaben,  Arnold,  Barnum,  Bar- 
row, Becker,  Bigelow,  Brown,  E.  A.;  Brown,  E.  R.;  Burr,  Cady, 
Carter,  Cassidy,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coleman, 
Cookinham,  Cornwell,  Davenport,  Davies,  J.  C.;  Davis,  G.  A.; 
D'eady,  Dean,  Deyo,  Dickey,  Doty,  Durfee,  Faber,  Floyd,  Foote, 
Francis,  Frank,  Augustus;  Fraser,  Fuller,  C.  A.;  Galinger,  Gil- 
bert, Goodelle,  Green,  J.  I.;  Harnlin,  Hawley,  Hedges,  Hill, 
Hirschberg,  M.  H.;  Holcomb,  Holls,  Hotchkiss,  Johnson,  J.; 
Kurth,  Lauterbach,  Lester,  Lincoln,  Lyon,  Marks,  Maybee,  McAr- 
thur,  McClure,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMil- 
lan, Moore,  Morton,  Mulqueen,  Nicoll,  DeL.;  Nostrand,  O'Brien, 
Parkhurst,  Pashley,  Phipps,  Platzek,  Pratt,  Putnam,  Redman, 
Root,  Sandford,  Smith,  Spencer,  Springweiler,  Steele,  A.  B.; 
Steele,  W.  H.;  Sullivan,  T.  A.;  Tekulsky,  Tibbetts,  Titus,  Towns, 
Turner,  Vedder,  Wellington,  Whitmyer,  Wiggins,  Williams, 
Woodward,  President  —  96. 

Noes  —  Messrs.  Banks,  Bush,  Danforth,  Fuller,  O.  A.;  Gieg- 
erich,  Herzberg,  A.;  Jenks,  Kerwin,  McLaughlin,  J.  W.;  Ohmeis, 
Peabody,  Peck  — 12. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  the  resolu- 
tion offered  by  Mr.  Root,  September  eleventh,  and  recommends 
its  passage  amended  to  read  as  follows: 

Resolved,  That  no  call  for  the  ayes  and  noes  be  allowed  upon 
any  of  the  following  motions: 

1.  For  the  previous  question. 

2.  Relating  to  rules  and  order  of  business. 

3.  To  lay  upon  or  take  from  the  table,  to    postpone   or   to 
reconsider. 

4.  Dilatory  motional 

Mr.  President  put  the  question  on  the  adoption  of  said  resolu- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  Hedges  offered  a  resolution  in  words  following: 

Resolved,  That  this  Convention  meet  at  9  A.  M.  Saturday  next, 
and  adjourn  at  12  M.,  until  Thursday,  September  twentieth,  at 
10  A.  M. 

Mr.  Burr  moved  that  the  present  session  be  extended  to  12 
o'clock^ 


086  JOURNAL  OF  THE 

Mr.  Boot  moved  to  amend  by  striking  out  "  12 "  o'clock  and 
inserting  "  11.30  "  in  lieu  thereof. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  stated  the  question  to  be  on  the  motion  of  Mr. 
Hedges. 

Mr.  Root  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Hedges, 
and  it  was  determined  in  the  affirmative. 

Mr.  Jenks  moved  that  the  Convention  now  adjourn. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Jenks,  and 
it  was  determined  in  the  negative. 

The  proposed  constitutional  amendment,  printed  No.  452,  in 
words  following: 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  the  Constitution  Relative  to  the  Forest  Preserve. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled^  do  propose  as  follows : 

ARTICLE—. 

Section  — .  The  lands  of  the  State,  now  owned  or  hereafter 
acquired,  constituting  the  forest  preserve,  as  now  fixed  by  law,  shall 
be  forever  kept  as  wild  forest  lands.  They  shall  not  be  leased,  sold 
or  exchanged,  or  be  taken  by  any  corporation,  public  or  private, 
nor  shall  the  timber  thereon  be  sold,  removed  or  destroyed. 

Being  announced  for  third  reading,  Mr.  Floyd  moved  to  recom- 
mit said  proposed  amendment  to  the  Special  Committee  report- 
ing it,  with  instructions  to  report  forthwith,  amended  as  follows : 

Insert  after  the  word  "  leased,"  in  line  4,  the  words  "  other- 
wise than  as  now  provided  by  law,  or." 

Mr.  McClure  moved  the  previous  question  on  Mr.  Floyd's 
motion. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  ,        687 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Floyd,  and 
it  was  determined  in  the  negative. 

Mr.  Forbes  then  moved  to  recommit  with  instructions  to  report 
forthwith  amended  by  adding  the  following  as  an  additional 
section. 

Sec  — .  The  Legislature  shall,  by  suitable  laws,  provide  for  the 
permanent  preservation  and  protection  of  the  forests  in  the  State, 
and  may  provide  for  rebates  of  taxes  on  agricultural  lands,  where 
forests  are  preserved  or  maintained  in  connection  therewith. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Forbes, 
and  it  was  determined  in  the  negative. 

Said  proposed  constitutional  amendment  was  then  read  the 
third  time,  and  passed,  a  majority  of  all  the  Delegates  elected  to 
the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Banks,  Barhite,  Barnum,  Barrow,  Becker,  Bigelow,  Brown, 
E.  A.;  Brown,  E.  R.;  Burr,  Cady,  Carter,  Cassidy,  Church,  Clark, 
G.  W.;  Clark,  H.  A.;  Cochran,  Coleman,  Cookinham,  Cornwell, 
Countryman,  Crosby,  Davenport,  Davies,  J.  C.;  Davis,  G.  A.; 
Deady,  Dean,  Deyo,  Doty,  Durfee,  Durnin,  Emmet,  Faber,  Floyd, 
Forbes,  Francis,  Frank,  Andrew ;  Frank,  Augustus ;  Fuller,  C.  A. ; 
Fuller,  O.  A.;  Galinger,  Gibney,  Giegerich,  Goeller,  Goodelle, 
Green,  A.  H. ;  Green,  J.  I. ;  Hamlin,  Hawley,  Hedges,  Herzberg,  A. ; 
Hill,  Hirschberg,  M.  H.;  Holcomb,  Holls,  Hotchkiss,  Hottenroth, 
Jenks,  Johnson,  I.  Sam ;  Johnson,  J. ;  Kinkel,  Kurth,  Lauterbach, 
Lester,  Lewis,  C.  H. ;  Lincoln,  Manley,  Mantanye,  Marks,  Marshall, 
McArthur,  McClure,  McDonough,  Mclntyre,  McKinstry,  McLaugh- 
lin,  C.  B.;  McLaughlin,  J.  W.;  McMillan,  Moore,  Morton,  Mul- 
queen,  Nichols,  W.  H. ;  Nicoll,  De  L. ;  Nostrand,  O'Brien,  Osborn, 
Pashley,  Peabody,  Peck,  Phipps,  Platzek,  Pool,  Powell,  Pratt, 
Putnam,  Redman,  Root,  Springweiler,  Steele,  A.  B. ;  Steel e,  W.  H. ; 
Storm,  Sullivan,  T.  A.;  Tekulsky,  Tibbetts,  Titus,  Towns,  Truax, 
C.  H. ;  Turner,  Vedder,  Veeder,  Vogt,  Wellington,  Whitmyer,  Wig- 
gins, Williams,  Woodward,  President  —  144. 

On  motion  of  Mr.  Cookinham,  at  10.50,  the  Convention 
adjourned. 


688  JOURNAL  OF'THE 


Friday,  September  14,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Eev.  A.  K.  Duff. 

On  motion  of  Mr.  A.  H.  Green,  the  reading  of  the  Journal  of 
Thursday,  September  thirteenth,  was  dispensed  with. 

The  last  Record  appearing  upon  the  files  of  members  to-day 
is  of  date,  August  twenty-eighth. 

By  vote  of  the  Convention  the  following  members  were  excused 
from  attendance  as  follows  :  Mr.  Me  Arthur,  to-day;  Mr.  Pool, 
September  fourteenth  and  fifteenth. 

Mr.  L  S.  Johnson  rose  to  a  question  of  privilege. 
By  unanimous  consent,  on  motion  of  Mr.  Lincoln : 

Resolved,  That  the  Secretary  be  and  he  is  hereby  directed  to 
deliver,  by  mail  or  otherwise,  to  the  publisher  of  each  newspaper 
or  other  periodical  in  this  State,  a  copy  of  all  constitutional 
amendments  adopted  by  this  Convention,  within  five  days  after 
their  adoption. 

Mr.  Kurth  called  up  his  resolution,  in  words  following  : 
Whereas,  From  the  files  upon  the  desks  of  the  Delegates  to  this 
Convention  at  the  present  time,  it  appears  that  the  records  and 
proceedings  of  said  Convention  are  not  printed  later  than  Satur- 
day, August  the  twenty-seventh  inst,  or  seventeen  days  ago; 

Resolved,  That  the  Compiler  be  and  he  is  hereby  directed  to 
inform  this  Convention  forthwith  the  cause  of  such  delay  or 
neglect.  { 

Mr.  Veeder  moved  to  amend  by  striking  out  "forthwith"  and 
inserting  in  lieu  thereof  the  word  "  to-morrow." 

Mr.  Kurth  accepted  the  amendment. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Dean  moved  to  reconsider  the  vote  by  which  the  proposed 
constitutional  amendment,  printed  No.  454,  entitled  "Proposed 
constitutional  amendment  to  amend  article  3,  relating  to  the 
apportionment  of  Senate  and  Assembly  districts, "  and  that  that 
motion  lay  on  the  table. 


CONSTITUTIONAL  CONVENTION.  689 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  to  reconsider, 
and  it  was  determined  in  the  negative. 

Mr.  A.  B.  Steele  offered  a  resolution  in  words  following  : 

Whereas,  Albert  B.  Crumb,  one  of  the  messengers  at  this  Con- 
vention, has  continuously  acted  as  assistant  postmaster  since 
May  twenty-first.  Now,  therefore,  it  is  hereby 

Besolved,  That  an  additional  sum  of  three  dollars  per  day  be 
allowed  and  paid  to  said  Crumb  for  his  services  as  assistant 
postmaster. 

Keferred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Deady  moved  that  the  services  of  all  clerks  of  committees 
be  continued  until  the  final  adjournment  of  the  Convention. 

Mr.  Bowers  moved  that  the  services  of  said  clerks  be  dispensed 
with  after  to-morrow. 

Mr.  I.  S.  Johnson  moved  to  amend  by  inserting  after  "  com- 
mittees," the  words  "be  employed  at  such  service  as  the  Presi- 
dent and  Secretary  may  need  them  for." 

On  motion  of  Mr.  M.  Hirschberg,  said  motion  was  referred  to 
the  Committee  on  Rules. 

MP.  Lyon,  from  the  Committee  on  Contingent  Expenses,  to 
which  was  referred  the  annexed  resolution,  reciting  that  Thomas 
Bochford  be  and  hereby  is  entitled,  since  the  twenty-ninth  day 
of  May  last,  to  such  pay  as  is  commensurate  with  such  additional 
duties  and  work  required  and  performed  by  him,  would  respect- 
fully report: 

That  Thomas  Eochford  wras  appointed  a  messenger  of  this 
Convention  on  May  twenty-second,  and  was,  on  May  twenty- 
ninth,  assigned  by  the  Secretary  of  the  Convention  to  assist  the 
Financial  Secretary  in  clerical  work,  and  has  so  assisted  since 
that  time. 

That  Mr.  Bochford  has  received  for  his  services  three  dollars 
per  day  for  seven  days  each  week,  which  is  the  compensation 
allowed  messengers  of  the  Legislature, 

44 


690  JOURNAL  OF  THE 

That  four  members  of  the  Committee  on  Contingent  Expenses 
favor  an  additional  allowance  to  Mr.  Rochford,  and  three  mem- 
bers of  the  committee  are  opposed  to  any  additional  allowance. 

GEORGE  F.  LYON, 

Chairman. 

Mr.  Kurth  offered  a  resolution  in  words  following  : 

Whereas,  Thomas  Roehford  was,  on  the  22d  day  of  May,  1894, 
duly  appointed  a  messenger  of  this  Convention,  and  duly  quali- 
fied and  entered  upon  his  duties  as  such;  and 

Whereas,  Thereafter,  and  on  the  twenty-ninth  day  of  May,  he 
was  transferred  to  the  office  of  the  Financial  Secretary  of  the 
Convention,  and  therein  required  to  do  clerical  work  and  assist 
in  making  up  the  pay-rolls  and  receipts  of  the  Convention,  and 
as  well  as  perform  duties  as  messenger  in  said  office. 

Resolved,  That  said  Thomas  Roehford,  be  and  hereby  is, 
entitled,  since  the  twenty-ninth  day  of  May,  to  such  pay  as  is 
commensurate  with  such  added  duties  and  work  required  and 
performed  by  him. 

Mr.  McMillan  moved  to  amend  said  report  as  follows: 

Resolved,  That  the  amount  of  compensation  to  be  paid  to 
Thomas  Roehford  for  extra  services  rendered  as  assistant  to  the 
Financial  Secretary,  be  the  sum  of  two  dollars  per  diem  from 
May  29,  1894,  to  the  final  adjournment  of  this  Convention,  and 
that  the  payment  thereof,  out  of  the  fund  appropriated  for  the 
expenses  of  this  Convention,  be  and  hereby  is  authorized  and 
directed. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rules. 

Mr.  President  directed  the  Secretary  to  call  the  roll  to  ascer- 
tain if  a  quorum  was  present,  when  the  following  Delegates 
answered  to  the  call  of  their  names: 

Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold,  Baker,  Banks, 
Barnum,  Barrow,  Bigelow,  Bowers,  Brown,  E.  R.;  Burr,  Oady, 
Campbell,  Carter,  Cassidy,  Chipp,  Jr.;  Church,  Clark,  G.  W.; 
Cochran,  Coleman,  Cornwell,  Crosby,  Danforth,  Davenport, 
Davies,  J.  C.;  Deady,  Dean,  Deterling,  Deyo,  Dickey,  Doty,  Durnin, 
Emmet,  Faber,  Floyd,  Foote,  Forbes,  Francis,  Fuller,  C.  A.; 
Fuller,  O.  A.;  Galinger,  Gibney,  Giegerich,  Gilleran,  Goodelle, 
Green,  A.  H.;  Hamlin.  Hawley,  Hecker.  Hedges,  Herzberg,  A.; 
Hill,  Hirschberg,  M.  H.;  Holcornb,  Holls,  Hottenroth,  Jenks,  John- 
son, I.  Sam;  Johnson,  J.;  Kimmey,  Kinkel,  Kurth,  Lauterbach, 


CONSTITUTIONAL  CONVENTION.  691 

Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon,  Manley,  Man- 
tanye,  Marks,  Marshall,  Maybee,  McClure,  McCurdy,  Mclntyre, 
McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mereness,  Meyenborg, 
Moore,  Morton,  Nichols,  W.  H.;  Nicoll,  De'L.;  Nostrand,  O'Brien, 
Ohmeis,  Osborn,  Parker,  Parkhurst,  Parmenter,  Pashley,  Smith. 
The  proposed  constitutional  amendment,  printed  No.  402,  in 
words  following: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend   Section  Four  of  Article  Two  of  the  Constitution, 
Relating  to  Registration  of  Voters. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled)  do  propose  as  follows  : 

Section  4  of  article  2  of  the  Constitution,  is  hereby  amended 
so  as  to  read  as  follows: 

Sec.  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs, 
the  citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby 
established,  and  for  the  registration  of  voters;  which  registration 
shall  be  completed  at  least  ten  days  before  each  election.  Such 
registration  shall  not  be  required  for  town  and  village  elections 
except  by  express  provision  of  law.  In  cities  and  villages  having 
five  thousand  inhabitants  or  mbre,  according  to  the  last  preceding 
State  enumeration  of  inhabitants,  voters  shall  be  registered  upon 
personal  application  only;  but  voters  not  residing  in  such  cities 
or  villages  shall  not  be  required  to  apply  in  person  for  registra- 

lon  at  the  first  meeting  of  the  officers   having   charge   of  the 

egistry  of  voters. 

Being  announced  for  third  reading,  Mr.  Holcomb  moved  that 
said  amendment  be  recommitted  to  the  Committee  on  Suffrage, 
with  instructions  to  report  forthwith,  amended  as  follows: 

Add  at  the  end  of  the  section,  after  the  word  "voters,"  "this 
>rovision  shall  not  authorize  legislation  reducing  the  number  of 
'ays  for  registration  of  voters  in  cities,  now  provided  by  law." 

The  question  being  on  Mr.  Hoi  comb's  amendment,  Mr.  McDon- 
)ugh  and  Mr.  Cochran  were  appointed  tellers,  and  announced 
he  vote  as  follows:  Ayes  36,  noes  55,  and  the  motion  was 
ieclared  to  be  lost. 

Said  proposed  constitutional  amendment,  printed  No.  402,  in 
vords  following: 


i 


092  JOURNAL  OF  THE 

PROPOSED   CONSTITUTIONAL   AMENDMENT 

To  Amend  Section  Four  of  Article  Two  of  the  Constitution, 
Relating  to  Registration  of  Voters. 

T he  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows  : 

Section  4  of  article  2  of  the  Constitution,  is  hereby  amended 
so  as  to  read  as  follows:  j 

Sec.  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs, 
the  citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby 
established,  and  for  the  registration  of  voters;  which  registra- 
tion shall  be  completed  at  least  ten  days  before  each  election. 
Such  registration  shall  not  be  required  for  town  and  village  elec- 
tions except  by  express  provision  of  law.  In  cities  and  villages 
having  five  thousand  inhabitants  or  more,  according  to  the  last 
preceding  State  enumeration  of  inhabitants,  voters  shall  be 
registered  upon  personal  application  only;  but  voters  not  resid- 
ing in  such  cities'  or  villages  shall  not  be  required  to  apply  in 
person  for  registration  at  the  first  meeting  of  the  officers  having 
charge  of  the  registry  of  voters. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the 
Delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Barhite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown, 
E.  R.;  Cady,  Carter,  Cassidy,  Church,  Clark,  G.  W.;  Clark,  H.  A.; 
Coleman,  Cookinham,  Cornwell,  Countryman,  Crosby,  Davies, 
J.  C. ;  Davis,  G.  A. ;  Dean,  Deterling,  Dickey,  Doty,  Durf ee,  Faber, 
Floyd,  Foote,  Francis,  Frank,  Andrew;  Frank,  Augustus;  Eraser, 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Gilleran,  Goodelle, 
Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Hirschberg,  M.  H. ;  Holls, 
Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kimmey,  Kinkel, 
Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln, 
Lyon,  Manley,  Mantanye,  Marshall,  Me  Arthur,  McDonough, 
Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mereness, 
Moore,  Morton,  Nichols,  W.  H.;  Nicoll,  De  L.;  Nostrand,  O'Brien, 
Parker,  Parkhurst,  Pashley,  Phipps,  Pool,  Porter,  Powell,  Pratt, 
Putnam,  Eediran,  Root,  Spencer,  Springweiler,  Steele,  A.  B.; 
Steele,  W.  H.;  Storm,  Sullivan,  Tibbetts,  Turner,  Vedder,  Vogt, 
Wellington,  Whitmyer,  Wiggins,  Wooojward,  President  — 104. 


CONSTITUTIONAL  CONVENTION.  693 

Noes  —  Messrs.  Banks,  Bigelow,  Bowers,  Burr,  Bush,  Chipp,  Jr. ; 
Cochran,  Danforth,  Davenport,  Deady,  Deyo,  Durnin,  Emmet, 
Farrell,  Forbes,  Giegerich,  Goeller,  Green,  A.  BL;  Green,  J.  I.; 
Herzberg,  A.;  Hoi  comb,  Hotchkiss,  Hottenroth,  Jenks,  Marks, 
Maybee,  McClure,  McLaughlin,  J.  W.;  Meyenborg,  Mulqueen, 
Ohmeis,  Parmenter,  Peabody,  Peck,  Platzek,  Rogers,  Rowley, 
Sandford,  Smith,  Sullivan,  W.;  Tekulsky,  Titus,  Truax,  C.  H.; 
Tucker,  Veeder,  Williams  —  46. 

The  proposed  constitutional  amendment,  printed  No.  457,  in 
words  following: 

PROPOSED   CONSTITUTIONAL   AMENDMENT 
To  Amend  Section  One  of  Article  Four  and  Sections  One  and 
Two  of  Article  Five  of  the  Constitution,  in  Regard  to  the  Terms 
of  Office,  Powers  and  Duties  of  the  Governor,  etc. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Contention  assembled^  do  propose  as  follows  : 

Section  1  of  article  4  is  hereby  amended  so  as  to  read  as  follows : 

Section  1.  The  executive  power  shall  be  vested  in  a  Governor, 
who  shall  hold  his  office  for  two  years  ;  a  Lieutenant-Governor  shall 
be  chosen  at  the  same  time,  and  for  the  same  terra.  The  Governor 
and  Lieutenant-Governor  elected  next  preceding  the  time  when  this 
section  shall  take  effect,  shall  hold  office  until  and  including  the 
thirty-first  day  of  December,  one  thousand  eight  hundred  and 
ninety-six,  and  their  successors  shall  be  chosen  at  the  general  elec- 
tion in  that  year. 

Section  1  of  article  5  is  hereby  amended  so  as  to  read  as  follows : 
Section  1.  The  Secretary  of  State,  Comptroller,  Treasurer,  Attor- 
ney-General and  State  Engineer  and  Surveyor  shall  be  chosen  at  a 
general  election,  at  the  times  and  places  of  electing  the  Governor  and 
Lieutenant-Governor,  and  shall  hold  their  offices  for  two  years,  except 
as  provided  in  section  two  of  this  article.  Each  of  the  officers  in 
this  article  named,  excepting  the  Speaker  of  the  Assembly,  shall,  at 
stated  times,  during  his  continuance  in  office,  receive  for  his  ser- 
vices a  compensation  which  shall  not  be  increased  or  diminished 
during  the  term  for  which  he  shall  have  been  elected  ;  nor  shall  he 
receive  to  his  use  any  fees  or  perquisites  of  office  or  other  compen- 
sation. No  person  shall  be  elected  to  the  office  of  State  Engineer 
and  Surveyor  who  is  not  a  practical  civil  engineer. 


694  JOURNAL  OF  THE 

Amend  section  2  of  article  5  so  as  to  read  as  follows : 
Sec.  2.  The  first  election  of  the  Secretary  of  State,  Comptroller, 
Treasurer,  Attorney-General  and  State  Engineer  and  Surveyor,  pur- 
suant to  this  article  shall  be  held  in  the  year  one  thousand  eight 
hundred  arid  ninety -five,  and  their  terms,  of  office  shall  begin  on 
the  first  day  of  January  following,  and  shall  be  for  three  years. 

At  the  general  election  in  the  year  one  thousand  eight  hundred 
and  ninety-eight,  and  every  two  years  thereafter,  their  successors 
shall  be  chosen  for  the  term  of  two  years. 

Being  announced  for  third  reading,  Mr.  Dickey  moved  to  recom- 
mit said  amendment  to  the  Committee  on  Governor  and  State 
Officers,  with  instructions  to  amend  and  report  forthwith  by 
striking  out  "  six,"  in  ninth  line,  and  insert  "  eight." 

The  question  being  on  the  motion  of  Mr.  Dickey,  Mr.  McDon- 
ough  and  Mr.  Cochran  were  appointed  tellers,  and  announced  the 
vote  as  follows:  Ayes  24,  noes  57,  and  the  motion  was  declared 
to  be  lost 

Said  proposed  constitutional  amendment  was  then  read  the 
third  time  and  passed,  a  majority  of  all  the  Delegates  elected  to 
the  Convention  voting  in. favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Banks,  Barrow,  Becker,  Bigelow,  Cady,  Carter,  Church, 
Clark,  G.  W.;  Clark,  H.  A.;  Cochran,  Coleman,  Cookinham,  Corn- 
well,  Crosby,  Davenport,  Davies,  J.  C.;  Davis,  G.  A.;  Deteiiing, 
Doty,  Durfee,  Durnin,  Emmet,  Faber,  Floyd,  Foote,  Forbes, 
Francis,  Frank,  Augustus;  Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.; 
Galinger,  Gibney,  Giegerich,  Gilleran,  Goodelle,  Green,  A.  H.; 
Green,  J.  I.;  Griswold,  Hamlin,  Hawley,  Hedges,  Hill,  Holls, 
Jenks,  Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  E.  M.;  Kimmey, 
Kinkel,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln,  Lyon,  Manley, 
Marks,  Marshall,  Maybee,  McArthur,  McDonough,  Mclntyre, 
McKinstry,  McLaughlin,  C.  B.;  McMillan,  Moore,  Morton,  Nichols, 
W.  H.;  NicoU,  DeL.;  O'Brien,  Parker,  Parkhurst,  Pashley, 
Phipps,  Platzek,  Pool,  Porter,  Powell,  Pratt,  Putnam,  Redman, 
Rogers,  Root,  Rowley,  Spencer,  Springweiler,  Steele,  A.  B.; 
Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts,  Titus,  Truax, 
C.  H.;  Tucker,  Turner,  Vedder,  Vogt,  Wellington,  Wiggins,  Wil- 
liams, President  — 107. 

Noes  —  Messrs,  Barhite,  Burr,  Bush,  Campbell,  Danf orth,  Dean, 
Dickey,  Goeller,  Herzberg,  A.;  Holcomb,  Hottenroth,  Lewis, 


CONSTITUTIONAL  CONVENTION.  695 

M.  E.;  McClure,  McLaughlin,  J.  W.;  Mereness,  Meyenborg,  Nos- 
trand,  Ohmeis,  Peabody,  Peck,  Roche,  Sandford,  Schumaker, 
Veeder  —  24. 

The  proposed  constitutional  amendment,  printed  No.  451,  in 
words  following: 

PROPOSED   CONSTITUTIONAL   AMENDMENT 
To  Provide  Home  Rule  for  Cities. 

The  Delegates  of  the  People  of  the  State  of  .New  York,  m 
Convention  assembled,  do  propose  as  follows  : 

Section  1.  All  elections  of  city  officers,  including  supervisors 
and  judicial  officers  of  inferior  local  courts,  elected  in  any  city 
or  part  of  a  city,  and  of  county  officers  elected  in  the  counties  of 
New  York  and  Kings,  and  in  all  counties  whose  boundaries  are 
the  same  as  those  of  a  city,  except  to  fill  vacancies,  shall  be  held 
on  the  Tuesday  succeeding  the  first  Monday  in  November  in  an 
odd-numbered  year,  and  the  term  of  every  such  officer  shall  expire 
at  the  end  of  an  odd-numbered  year. 

The  terms  of  office  of  all  such  officers,  elected  before  the  first 
day  of  January;  one  thousand  eight  hundred  and  ninety-five, 
whose  successors  have  not  then  been  elected,  which,  under  exist- 
ing laws  would  expire  with  an  even-numbered  year  or  in  an 
odd-numbered  year  and  before  the  end  thereof,  are  extended  to 
and  including  the  last  day  of  December  next  following  the  time 
when  such  terms  would  otherwise  expire;  the  terms  of  office  of 
all  such  officers,  which,  under  existing  laws,  would  expire  in  an 
even-numbered  year,  and  before  the  end  thereof,  are  abridged  so 
as  to  expire  at  the  end  of  the  preceding  year. 

This  section  shall  not  apply  to  any  city  the  population  of 
which,  according  to  the  latest  State  enumeration  from  time  to 
time  made,  is  less  than  fifty  thousand;  nor  to  elections  of  any 
judicial  officer,  except  judges  and  justices  of  inferior  local  courts. 

Being  announced  for  third  reading,  Mr.  M.  E.  Lewis  moved 
that  said  amendment  be  recommitted  to  the  Committee  on  Cities, 
with  instructions  to  strike  out  the  word  " fifty"  in  line  7,  page 
2,  and  to  insert  in  place  thereof  the  word®  "two  hundred  and 
fifty,"  the  Cities  Committee  to  report  forthwith,  and  the  measure 
to  retain  its  place  on  the  Calendar. 


696  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Lewis, 
and  it  was  determined  in  the  negative. 

Mr.  M.  E.  Lewis  then  moved  that  said  proposed  constitutional 
amendment  be  recommitted  to  the  Committee  on  Cities,  with 
instructions  to  report  the  same  forthwith,  amended  as  follows: 

Strike  out  all  after  the  word  "year"  at  the  end  of  the  first 
paragraph. 

Mr.  Spencer  moved  to-  further  instruct  said  committee  to 
amend  as  follows: 

Add  at  the  end  thereof  the  following: 

"Whenever  the  electors  of  any  city  shall  elect  to  exercise 
exclusive  legislative  and  administrative  powers  concerning  the 
streets,  highways,  parks,  public  places  and  sewers  within  said 
city,  and  the  compensation  of  city  officials  and  servants  whose 
duties  appertain  to  any  of  said  subjects,  the  Legislature  shall  con- 
fer such  powers  upon  the  mayor  and  common  council  of  said  city, 
and  provide  for  their  organization  and  election,  in  such  manner 
as  shall,  in  the  judgment  of  the  Legislature,  best  conserve  the 
rights  of  and  represent  all  the  people  of  such  city.  The  Legisla- 
ture may  confer  upon  such  mayor  and  common  council  such  fur- 
ther powers  of  local  legislation  and  administration  as  the  Legis- 
lature may,  from  time  to  time,  deem  expedient" 

Mr.  Eoche  moved  to  further  instruct  said  committee  to  amend 
as  follows:  "Strike  out  the  last  paragraph." 

Mr.  Tekulsky  moved  to  further  instruct  said  committee  to 
amend  as  follows: 

Insert  as  an  additional  section: 

Sec.  2.  Nor  shall  the  Legislature  pass  any  bill  in  relation  to 
the  regulations  of  places  of  public  amusements,  or  any  business 
or  occupation,  or  the  structure,  building,  or  any  property  used 
therefor,  or  the  persons  or  corporations  engaged  therein  in  any 
city,  but  it  shall  delegate,  by  •  general  laws,  to  the  legislative 
body  of  all  cities  the  right  so  to  do. 

.    Mr.  Koche  moved  to  further  instruct  the  committee  to  amend 
as  follows: 

Add  after  the  word  "  State,"  on  line  6,  page  2,  the  words  "  or 
federal." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  M.  E. 
Lewis,  and  it  was  determined  in  the  negative. 


CONSTITUTIONAL  CONVENTION.  697 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Spencer, 
and  Mr.  J.  C.  Davies  and  Mr.  Hotchkiss  were  appointed  tellers, 
and  announced  the  following  vote  :  Ayes  11,  noes  50,  and  the 
motion  was  declared  lost. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Tekulsky, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  Mr.  Roche's  second  amend- 
ment, and  it  was  determined  in  the  negative. 

Said  proposed  constitutional  amendment,  No.  451,  in  words 
following: 

PROPOSED   CONSTITUTIONAL   AMENDMENT 
To  Provide  Home  Rule  for  Cities. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

Section  1.  All  elections  of  city  officers,  including  supervisors 
and  judicial  officers  of  inferior  local  courts,  elected  in  any  city 
or  part  of  a  city,  and  if  county  officers  elected  in  the  counties  of 
New  York  and  Kings,  and  in  all  counties  whose  boundaries  are 
the  same  as  those  of  a  city,  except  to  fill  vacancies,  shall  be  held 
on  the  Tuesday  succeeding  the  first  Monday  in  November  in  an 
odd-numbered  year,  and  the  term  of  every  such  officer  shall 
expire  at  the  end  of  an  odd-numbered  year. 

The  terms  of  office  of  all  such  officers,  elected  before  the  first 
day  of  January,  one  thousand  eight  hundred  and  ninety -five, 
whose  successors  have  not  then  been  elected,  which,  under  exist- 
ing laws  would  expire  with  an  even-numbered  year  or  in  an 
odd-numbered  year  and  before  the  end  thereof,  are  extended  to 
and  including  the  last  day  of  December  next  following  the  time 
when  such  terms  would  otherwise  expire;  the  terms  of  office  of 
all  such  officers,  which,  under  existing  laws,  would  expire  in  an 
even-numbered  year,  and  before  the  end  thereof,  are  abridged  so 
as  to  expire  at  the  end  of  the  preceding  year. 

This  section  shall  not  apply  to  any  city  the  population  of 
which,  according  to  the  latest  State  enumeration  from  time  to 
time  made,  is  less  than  fifty  thousand;  nor  to  elections  of  any 
judicial  officer,  except  judges  and  justices  of  inferior  local  courts. 


698  JOURNAL  OP  THE 

Was  read  the  third  time  and  passed,  a  majority  of  all  the 
Delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Arnold, 
Baker,  Banks,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown, 
E.  R.;  Burr,  Cady,  Carter,  Church,  Clark,  G.  W.;  Cochran,  Cole- 
man,  Cookinham,  Corn  well,  Crosby,  Davenport,  Davies,  J.  C.; 
Davis,  G.  A.;  Dean,  Deterling,  Dickey,  Doty,  Durfee,  Emmet, 
Faber,  Floyd,  Francis,  Frank,  Andrew;  Frank,  Augustus;  Fuller, 
C.  A. ;  Fuller,  O.  A. ;  Galinger,  Gibney,  Giegerich,  Goeller,  Green, 
A.  H.;  Green,  J.  I.;  Haralin,  Hawley,  Hecker,  Hegdes,  Hill, 
Hirschberg,  M.  H.;  Holls,  Hotchkiss,  Jenks,  Johnson,  I.  Sam; 
Johnson,  J.;  Johnston,  R.  M.;  Kimmey,  Kinkel,  Kurth,  Lauter- 
bach,  Lester,  Lewis,  C.  H.;  Lyon,  Manley,  Mantanye,  Marshall, 
Maybee,  McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.; 
Moore,  Morton,  Nichols,  W.  H. ;  Nicoll,  De  L. ;  Nostrand,  O'Brien, 
Osborn,  Parker,  Parkhurst,  Phipps,  Platzek,  Powell,  Pratt,  Put- 
nam, Root,  Rowley,  Sandford,  Spencer,  Springweiler,  Steele, 
A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Sullivan,  W.;  Tib- 
betts,  Tucker,  Turner,  Vedder,  Vogt,  Wellington,  Whitmyer, 
Wiggins,  Woodward,  President  —  106. 

Noes  —  Messrs.  Barhite,  Bigelow,  Blake,  Bush,  Cassidy, 
Chipp,  Jr.;  Clark,  H.  A.;  Danforth,  Deady,  Deyo,  Durnin,  Farrell, 
Foote,  Forbes,  Gilleran,  Griswold,  Herzberg,  A.;  Holcomb,  Hot- 
tenroth,  Lewis,  M.  E.;  Marks,  McCurdy,  Mereness,  Meyenborg, 
Mulqueen,  Ohmeis,  Parmenter,  Peabody,  Peck,  Redman,  Roche, 
Rogers,  Schumaker,  Smith,  Speer,  Tekulsky,  Titus,  Towns,  Veeder, 
Williams  —  40. 

On  motion  of  Mr.  Cady: 

Resolved,  That  the  Committee  on  Canals  be  discharged  from 
the  further  consideration  of  the  several  matters  referred  to  it 
by  the  resolution  of  September  twelfth,  and  that  the  several 
amendments  on  the  subject  of  canals  reported  by  the  Committee 
of  the  Whole  on  September  eleventh,  be  and  the  same  hereby 
are  ordered  to  a  third  reading. 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  the  hour  of  one  o'clock  having 
arrived,  the  Convention  took  a  recess  until  three  o'clock. 


CONSTITUTIONAL  CONVENTION.  699 

AFTERNOON    SESSION. 

Three  o'clock  P.  M. 

The  Convention  again  met,  and  proceeded  in  Committee  of  the 
Whole,  and,  after  some  time  spent  therein,  the  hour  of  five  o'clock 
having  arrived,  the  President  resumed  the  chair,  and  the  Con- 
vention took  a  recess  until  eight  o'clock. 


EVENING  SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met 

On  motion  of  Mr.  Francis,  the  privileges  of  the  floor  were 
extended  to  Major-General  Shetland,  of  Chicago. 

On  motion  of  Mr.  Cornwell,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Sereno  E.  Payne,  of  New  York. 

On  motion  of  Mr.  Holls,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Benjamin  F.  Tracy,  of  Brooklyn. 

Mr.  Goodelle  offered  a  resolution  in  words  following: 

Whereas,  Mr.  Edward  M.  Seacord,  of  Cortland,  was  appointed 
a  messenger  of  this  Convention,  and  has  only  received  pay  as 
such,  but  by  reason  of  the  lack  of  sufficient  clerical  force,  and 
the  necessity  for  the  aid  of  additional  clerks  to  make  the  work 
of  committees  and  of  the  Convention  effective,  he  has  been  ordered 
to  act  as  clerk,  and  he  has  acted  as  such  from  May  23,  1894, 
and  has  been  an  efficient  and  faithful  clerk,  performing  with 
marked  ability  all  additional  services  put  upon  him; 

Resolved,  That,  as  one  of  the  necessary  expenses  of  the  Con- 
vention, he  be  paid  for  his  additional  service  and  responsibility, 
the  further  sum  of  three  dollars  per  day  for  the  sessions  from 
May  23,  1894,  making  his  pay  the  same  as  that  of  other  clerks. 
And  the  payment  thereof  is  hereby  authorized  and  directed  to 
be  madei  out  of  the  fund  appropriated  for  the  expenses  of  this 
Convention. 

Referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Cookinham  offered  a  resolution  in  words  following: 

Resolved,  That  proposed  constitutional  amendments  now  on 
General  Orders  be  considered  in  Committee  of  the  Whole  in  the 
following  order : 


700  JOURNAL  OF  THE 


lnt-N°-  By  whom  introduced  —  Title. 

1..   67..   460..  392..  Committee     on     Charities  —  To     amend 

article  5  of  the  Constitution. 
2..  78..  464..  394..  Committee  on  Cities  —  To  amend  article 

8,  by  addition  of  new  section. 
3.  .  55.  .  432.  .  256.  .  Mr.  C.  H.  Truax  —  To  amend  article  14  of 

the  Constitution. 
4..   12..  436..  368..   Committee    on    Future    Amendments  — 

To  amend  article  13,  relating  to  future 

amendments. 
5..  26..  393..  206..  Mr.    H.    A.    Clark  —  Relating    to    civil 

service. 
6..  42..  417..  327..  Mr.    Parker  —  Relative    to    drainage    of 

agricultural  lands. 
7..   57..  434..     60..  Mr.  Marshall  —  To  amend  article  8,  sec- 

tion  7,   relative  to  liability  of  stock- 

holders of  banking  corporations. 
8..  48..  425..  384..   Committee    on     Preamble  —  To     amend 

article  1,  section'  10,  in  relation  to  the 

^suppression  of  gambling. 
9..   27..  395..  375..   Committee     on     Corporations  —  As     to 

trusts     or     combinations.       (Minority 

report  on  some  General  Order.     Doc. 

No.  52.) 
10..   62..  411..  389..   Committee  on  Finance  and  Taxation  - 

To  amend  article  3  by  addition  of  two 

new  sections. 

11..   69..  448..  520..  Mr.     Kellogg     and     Mr.     Coleman  —  To 
130          amend  the  Constitution  relative  to  the 

liability  of  employers  for  injuries  to 

employes. 

12.  .   44.  .   420.  .  325.  .  Mr.  Foote  —  To  authorize  Legislature  to 

jprovide  for  construction  of  dams  and 
reservoirs. 

13.  .     7.  .  316.  .     64.  .  Mr.  Holls  —  To  amend  section  4  of  article 

2,   relating  to   enforcing  the  duty  of 

(voting. 
14..  33..  401..       8..  Mr.  Gilbert  —  In  relation  to  the  qualifi- 

cation of  voters.     (Minority  report  on 

(same  General  Order.    Doc.  No.  48.) 
15.  .  35.  .  407.  .  322.  .  Mr.  W.  H.  Steele  —  As  to  restrictions  on 

private  and  local  bills. 


CONSTITUTIONAL  CONVENTION.  701 


GNo'          No        Int'  No<  By  whom  introduced  —  Title. 

16..  36..   408..  377..  Committee    on    Corporations  —  Relating 

to  corporations. 
17..  38..   413..  211..  Mr.      Francis  —  Eelative      to      religious 

liberty. 
18..  39..   414..  380..   Committee        on        Preamble  —  Persons 

answering  for   capital    and   otherwise 

infamous  crime. 
19  ..   40  ..   415  .  .  381  .  .   Committee     on     Preamble  —  To     amend 

article  2,  section  17  of  the  Constitution. 
20..   46..   423..  321..  Mr.    Gilbert  —  To    amend    article    3    to 

.establish  boards  of  arbitration. 
21.  .   47.  .   424.  .   115.  .  Mr.  Arnold  —  To  amend  article  3,  relative 

to  private  and  local  bills. 
22..   51..   428..  329..   Mr.  Becker  —  -  To  amend  article  10,  section 

I,  relative  to  Governor  removing  public 
officers. 

23.  .   60.  .   438.  .   148.  .  Mr.  Banks  —  To  amend  article  8,  section 

II,  relative  to  debt  limitation  of  cities. 

24.  .   66.  .   445.  .   158.  .  Mr.  I.  S.  Johnson  —  To  amend  article  12, 

section  1,  relating  to  oaths  of  office. 
25..   70..   449..     58..  Mr.  Springweiler  —  To  amend  article  1, 

section  6,  relative  to  conspiracies. 
26.  .   75.  .   455.  .   131.  .  Mr.  Hill  —  To  amend  article  3,  section  8, 

relating  to  the  eligibility  of  persons  to 

a  seat  in  the  Legislature. 
27..   71..   450..   363..   Mr.    Cornwell  —  To    prevent    discrimina- 

tion in  rates  or  charges  either  by  rail- 

road, telegraph  or  telephone  companies, 

corporations-  or  common  carriers  doing 

business  in  this  State. 
28..   68..   447..  210..   Mr.  Banks  —  To  amend  article  8,  relative 

rto  franchise  in  city  streets  and  places. 
29.  .   59.  .   435.  .  372.  .  Mr.  A.  H.  Green  —  To  amend  article  7  of 

the  Constitution. 
.°»0..     5..  ,421..  382..   Special     committee  —  Relative     to     the 

transfer  of  land  titles. 
31...   19..  386..   116..  Mr.    Roche  —  To    amend    section    18    of 

article  3,  relating  to  special  or  local 

laws. 


702  JOURNAL  OF  THE 


Int-N°-  By  whom  introduced  -Title. 

32..  23..  390..   146..  Mr.    Roche  —  To    amend    section    13    of 

article  3,  as  to  passage  of  bills  by  the 

^Legislature. 

33..  24..  391..  215..  Mr.  Becker  —  Relating  to  grants. 
34.  .  30.  .  398.  .     35.  .  Mr.  H.  A.  Clark  —  As  to  the  powers  and 

duties   of  the  Legislature  in  forming 

land  dividing  counties. 
35..  37..  412..  261..  Mr.     Goodelle  —  Relative     to     criminal 

prosecutions. 
36..  43..  419..  352..  Mr.   Nichols  —  Relative  to    soldiers   and 

sailors'  homes. 

37.  .   49.  .  426.  .  364.  .  Mr.  Marks  —  To  amend  article  1,  section 

7,  relating  to  taking  private  property 
for  public  use. 

38.  .   56.  .   433.  .  207.  .  Mr.  Hawley  —  To  amend  article  8,  section 

6,  in  respect  to  banks. 

39.  .   73.  .  453.  .  333.  .  Mr.  Cochran  —  To  amend  article  11,  rela- 

tive to  the  militia. 

40.  .   76.  .  456.  .     16.  .   Mr.  Marks  —  To  amend  article  3,  section 

6,  as  to  pay  of  members  of  the  Legis- 
lature. 

41.  2..   202..     99..  Mr.  Roche  —  Pensions. 


i  ques- 


Mr.  Cookinham  moved  the  previous  question. 

Mr.  President  put  the  question  on  ordering  the  previous  ques 
tion,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  resolution  of  Mr.  Cookin- 
ham, and  it  was  determined  in  the  affirmative. 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Vedder,  from  said  Committee, 
reported : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  460,  entitled 
"  To  amend  article  5  of  the  Constitution,"  have  made  some  pro- 
gress in  the  same,  but  not  having  gone  through  therewith,  asked 
leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave,  and  it  was 
determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  703 

On  motion  of  Mr.  Root,  the  time  of  the  session  was  extended 
until  twelve  o'clock. 

The  Convention  then  again  proceeded  in  Committee  of  the 
Whole,  and,  after  some  time  spent  therein,  Mr.  Vedder,  from  said 
committee,  reported: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  460,  entitled  "  To 
amend  article  5  of  the  Constitution,"  have  gone  through  with 
the  same,  have  made  some  amendments  thereto,  and  instructed 
the  chairman  to  report  the  same  to  the  Convention,  and  recom- 
mend its  passage. 

Mr.  Gilbert  moved  to  disagree  with  said  report,  and  that  said 
amendment  be  recommitted  to  the  Committee  on  Charities,  to 
report  the  same  forthwith,  amended  as  follows  : 

Add  the  following  after  words  "the  Legislature  by  general 
laws."  The  provisions  of  this  Constitution  shall  be  subject  to  the 
following  section: 

Sec.  — .  After  the  first  day  of  January,  nineteen  hundred  and 
five,  no  money  shall  ever  be  taken  from  the  public  treasury, 
directly  or  indirectly,  in  aid  of  any  church,  sect  or  religious 
denomination,  or  in  aid  of  any  sectarian  institution. 

Mr.  Hawley  moved  the  previous  question. 

Mr.  President  put  the  question  on  ordering  the  previous  ques- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Gilbert, 
and  it  was  determined  in  the  negative. 

Ayes — Messrs.  Allabeu,  Barnum,  Brown,  E.  A.;  Carter,  Clark, 
G.  W.;  Clark,  H.  A.;  Coleman,  Cookinham,  Cornwell,  Country- 
man, Crosby,  Durfee,  Forbes,  Frank,  Augustus;  Fuller,  O.  A., 
Gilbert,  Hill,  Johnson,  I.  Sam;  Lester,  Lewis,  M.  E.;  Mantanye, 
McMillan,  Moore,  Parker,  Redman,  Springweiler,  Steele,  A.  B.; 
Steele,  W.  H.;  Woodward  — 29. 

Noes  —  Messrs.  Acker,  Ackerly,  Arnold,  Baker,  Banks,  Barhite, 
Barrow,  Blake,  Bowers,  Burr,  Cady,  Cassidy,  Chipp,  Jr.;  Church, 
Cochran,  Danforth,  Deady,  Dean,  Deyo,  Dickey,  Doty,  Durnin, 
Emmet,  Faber,  Farrell,  Floyd,  Foote,  Francis,  Fuller,  C.  A.; 
Galinger,  Gibney,  Giegerich,  Gilleran,  Goeller,  Goodelle,  Green, 
J.  L;  Griswold;  Hamlin,  Hawley,  Hecker,  Hedges,  Hirschberg, 
M.  H.;  Holcomb,  Holls,  Hotchkiss,  Hottenroth,  Jenks,  John- 


704  JOURNAL  OF  THE 

son,  J.;  Kinkel,  Lauterbach,  Lewis,  C.  H.;  Marks,  Marshall,  May- 
bee,  McClure,  McCurdy,  McDonough,  McKinstry,  McLaughlin, 
C.  B.;  Mereness,  Meyenborg,  Morton,  Mulqueen,  Nichols,  W.  H.; 
Nostrand,  Ohmeis,  Osborn,  Pashley,  Peck,  Platzek,  Powell,  Pratt, 
Putnam,  Eoche,  Root,  Schurnaker,  Smith,  Sullivan,  T.  A.;  Sulli- 
van, W.;  Tekulsky,  Titus,  Towns,  Tucker,  Turner,  Vedder,  Veeder, 
Wellington,  Whitmyer,  Wiggins,  Williams,  President  —  91. 

Mr.  President  put  the  question  on  the  adoption  of  said  report 
of  the  Committee  of  the  Whole,  and  it  was  determined  in  the 
affirmative. 

And  said  amendment,  as  amended,  was  referred  to  the  Com- 
mittee on  Revision  and  Engrossment,  and  ordered  to  a  third 
reading. 

Mr.  Root,  from  the  Committee  on  Rules,  reported  the  following 
time  limit,  in  Committee  of  the  Whole,  for  the  consideration  of 
the  General  Orders  mentioned : 

G.  O.  78. —  To  amend  article  8,  by  addition  of  new  section. 
(Cities.)  Thirty  minutes. 

G.  O.  55. —  To  amend  article  14  of  the  Constitution.  Thirty 
minutes. 

G.  O.  12. —  Relating  to  future  amendments.    Fifteen  minutes. 

G.  O.  26. —  Relating  to  civil  service.     One  hour. 

G.  O.  42. —  Relating  to  drainage  of  agricultural  lands.  Thirty 
minutes. 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  M.  Hirschberg,  from  said  com- 
mittee, reported: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed .  constitutional  amendment,  printed  No.  464,  entitled 
"To  amend  article  8  of  the  Constitution,  by  the  addition  of  a 
new  section,"  have  gone  through  with  the  same,  have  made  no 
amendment  thereto,  and  instructed  the  chairman  to  report  the 
same  to  the  Convention,  and  recommend  its  passage. 

Mr.  Banks  moved  to  disagree  with  the  report,  and  that  said 
amendment  be  recommitted  to  the  Committee  on  Cities,  with 
instructions  to  report  forthwith,  amended  as  follows: 

"All  certificates  of  indebtedness  or  revenue  bonds  issued  in 
anticipation  of  the  collection  of  taxes,  which  are  not,  by  their 
terms,  to  be  paid  within  five  years  after  their  date  of  issue,  and 


CONSTITUTIONAL  CONVENTION.  705 

bonds  issued  to  provide  for  the  supply  of  water,  and  any  debt 
hereafter  incurred  by  any  portion  or  part  of  a  city  (if  there  shall 
be  any  such  debt)  shall  be  included  in  ascertaining  the  right  of 
the  city  to  become  otherwise  indebted.  Whenever  hereafter  the 
boundaries  of  any  city  shall  become  the  same  as  those  of  a  county 
the  power  of  the  county  to  become  indebted  shall  cease,  but  the 
debt  of  the  county  at  that  time  existing  shall  not  be  included  as 
a  part  of  the  city  debt." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Banks, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  the  report 
of  the  Committee  of  the  Whole,  as  amended,  and  it  was  deter- 
mined in  the  affirmative,  and  said  proposed  constitutional  amend- 
ment, as  amended,  was  referred  to  the  Committee  on  Revision 
and  Engrossment  and  ordered  to  a  third  reading. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  the  Committee  on  Canals,  introductory  No.  387, 
reported  by  the  Committee  on  Canals,  and  by  the  Committee 
of  the  Whole,  entitled  "  Proposed  constitutional  amendment  to 
amend  section  6  of  article  7,  relating  to  canals,"  reports  the  same 
as  examined  and  corrected  and  as  correctly  engrossed. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Cassidy,  introductory  No.  252,  reported  by  the 
Committees  on  Canals  and  State  Finances  and  Taxation,  and  by 
the  Committee  of  the  Whole,  entitled  « Proposed  constitutional 
amendment  to  amend  sections  1,  2,  4  and  5,  of  article  7  of  the 
Constitution,  in  relation  to  the  canal  debts  and  the  maintenance 
of  the  canals,"  reports  the  same  as  examined  and  corrected  and 
as  correctly  engrossed. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  the  Committee  on  Charities,  introductory  No.  392, 
reported  by  the  Committee  on  Charities  and  by  the  Committee  of 
the  Whole,  entitled  "Proposed  constitutional  amendment!  to 
amend  article  5  of  the  Constitution,"  reports  the  same  as  exam- 
ined and  corrected  and  as  correctly  engrossed. 

45 


706  JOURNAL  OF  THE 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  De  L.  Mcoll,  from  said  com- 
mittee, reported: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  432,  entitled  "  To 
amend  article  14  of  the  Constitution,"  have  gone  through  with 
the  same,  have  made  no  amendment  thereto,  and  instructed  the 
chairman  to  report  the  same  to  the  Convention,  and  recommend 
its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative,  and  said  amendment 
,vas  referred  to  the  Committee  on  Revision  and  Engrossment  and 
ordered  to  a  third  reading. 

The*  Convention  again  went  into  Committtee  of  the  Whole, 
and,  after  some  time  spent  therein,  Mr.  Jenks,  from  said  com- 
mittee, reported: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  436,  entitled 
"To  amend  article  13  of  the  Constitution,  relating  to  further 
amendments,"  have  made  some  progress  in  the  same,  but  not 
having  gone  through  therewith,  have  instructed  the  chairman  to 
report  that  fact  to  the  Convention,  and  ask  leave  to  sit  again. 

Mr.  President  put  the  question  on  granting  leave  to  sit  again,  and 
Mr.  Morton  and  Mr.  Deady  were  appointed  tellers,  and  announced 
the  following  vote:  Ayes,  56;  noes,  30;  and  the  motion  was 
declared  carried. 

On  motion  of  Mr.  Goodelle,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION.  707 

Saturday,  September  15,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  A.  K.  Duff. 

On  motion  of  Mr.  E.  A.  Brown,  the  reading  of  the  Journal  of 
Friday,  September  fourteenth,  was  dispensed  with. 

The  last  Record  appearing  upon  the  files  of  members  to-day  is 
of  date,  August  twenty-seventh. 

Mr.  Lyon,  from  the  Committee  on  Privileges  and  Elections  and 
Contingent  Expenses,  to  which,  jointly,  was  referred  the  annexed 
claim  of  Kiendl  Bros.,  for  counsel  fee  and  disbursements  as 
attorneys  for  Messrs.  Kinkel,  Pashley,  Nostrand,  Deterling  and 
Kurth,  contestants  for  seats  from  the  Sixth  Senatorial  District, 
being  for  f  6,000  counsel  fee  and  f 542.25  disbursements,  would 
respectfully  report  that,  in  the  opinion  of  said  committees,  a 
total  counsel  fee  of  $1,500,  with  said  disbursements  of  $542.25, 
aggregating  $2,042.25,  would  be  fair  and  reasonable  in  the 
premises. 

M.  H.  HIRSCHBERG, 
Chairman    Committee   on    Privileges   and   Elections. 

1        GEORGE  F.  LYON, 
Chairman  Committee  on  Contingent  Expenses. 

On  motion  of  Mr.  Cookinham,  said  report  was  laid  upon  the 
table. 

Mr.  Lyon  also  reported  as  follows : 

The  Committees  on  Privileges  and  Elections  and  Contingent 
Expenses,  to  which,  jointly,  was  referred  the  annexed  claim  of 
Herman  W.  Trapper,  for  counsel  fee  and  disbursements,  aggre- 
gating $1,704,  incurred  in  obtaining  and  endeavoring  to  main- 
tain a  writ  of  prohibition  against  the  Convention,  would  respect- 
fully report  that,  in  the  opinion  of  said  committees,  said  counsel 
fee  and  disbursements  having  been  incurred  solely  in  connection 
with  the  writ  of  prohibition,  and  no  part  thereof  in  the  contest 
upon  the  merits  as  to  the  rights  of  the  contesting  parties  to  the 
seat,  ought  not  to  be  allowed. 

M.  H.  HIRSCHBERG, 
Chairman  Committee  on  Privileges  and  Elections. 

GEORGE  F.  LYON, 
Chairman  Committee  on  Contingent  Expenses. 


70S  JOURNAL  OF  THE 

On  motion  of  Mr.  Cookinham,  said  report  was  laid  upon  the 
table. 

Mr.  Cookinham  moved  that  the  Convention  go  into  Committee 
of  the  Whole  on  General  Order  No.  26,  printed  No.  393,  entitled 
"  To  amend  the  Constitution,  relative  to  civil  service  of  the  State 
and  cities." 

Mr.  President  put  the  question  on  "said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

The  Convention  then  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  McClure,  from  said  committee, 
reported :  ! 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  393,  entitled 
"  To  amend  the  Constitution,  relative  to  civil  service  of,  the  State 
and  cities,"  have  gone  through  with  the  same,  have  made  some 
amendments  thereto,  and  instructed  the  chairman  to  report  the 
same  to  the  Convention  and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  Messrs.  Durfee  and  Kiminey  were  appointed  tellers,  and 
announced  the  following  vote:  Ayes,  69;  noes,  22;  and  the 
report  was  agreed  to  and  said  amendment  was  referred  to 
the  Committee  on  Revision  and  Engrossment  and  ordered  to  a 
third  reading. 

Mr.  Parker  moved  that  the  Convention  go  into  Committee  of 
the  Whole  on  General  Order  No.  42,  printed  No.  417,  entitled 
"Proposed  constitutional  amendment  to  amend  section  7  of 
article  1  of  the  Constitution,  so  as  to  include  therein  the  right  to 
construct  and  maintain  necessary  drains  and  ditches  for  agricul- 
tural purposes  across  the  lands  of  others,  and  it  was  determined 
in  the  affirmative.  And  the  Convention  went  into  Committee  of 
the  Whole,  and,  after  some  time  spent  therein,  Mr.  Osborn,  from 
said  committee,  reported: 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  417,  entitled 
"  To  amend  section  7  of  article  1  of  the  Constitution,  so  as 
to  include  therein  the  right  to  construct  and  maintain  necessary 
drains  and  ditches  for  agricultural  purposes  across  the  lands  of 
others,"  have  gone  through  with  the  same,  have  made  no  amend- 
ment thereto,  and  instructed  the  chairman  to  report  the  same  to 
the  Convention  and  recommend  its  passage. 


,i 


CONSTITUTIONAL  CONVENTION.  709 

The  question  being  on  the  adoption  of  said  report,  Mr.  E.  R. 
Brown  moved  the  previous  question.  S 

Mr.  President  put  the  question  on  ordering  the  previous  ques- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative,  and  said  amendment 
was  referred  to  the  Committee  on  Revision  and  Engrossment  and 
ordered  to  a  third  reading. 

Mr.  President  presented  a  communication  from  the  Compiler 
in  words  following: 

To  the  Constitutional  Convention : 

Gentlemen. —  Pursuant  to  the  resolution  of  your  honorable 
body,  the  Compiler  respectfully  submits  the  following  report: 

In  ordering  and  directing  the  printing  for  the  Convention 
your  resolution,  of  date  June  thirteenth,  page  227  of  the  Journal, 
has  been  carefully  followed.  This  resolution  provides,  among 
other  things,  that  "if  the  total  copy  delivered  to  the  printer  in 
any  one  day  exceed  fifty  printed  pages,  no  more  than  that  number 
of  pages  shall  be  governed  by  the  rule  hereby  established,  and 
the  matter  to  be  so  governed  shall  be  specifically  designated  by 
the  Secretary  or  Compiler.  The  Compiler  or  Secretary  may 
enlarge  the  time  herein  fixed,  by  specific  direction,  given  in  writ- 
ing at  the  time  any  copy  is  delivered  to  the  printer." 

The  total  copy  delivered  to  the  printer  nearly  every  day  since 
July  thirty-first  has  been  much  in  excess  of  -the  specified  fifty 
pages,  of  which  total  the  Argus  Company  has  printed  an  average 
of  sixty  pages  daily,  thus  more  than  complying  with  the  condi- 
tions of  your  resolution. 

The  proposed  amendments,  calendar,  documents,  Journal,  and 
other  printing  designated  by  the  Secretary  to  be  delivered  at  once, 
have  been  given  precedence  over  the  debates,  the  printing  of 
which  has  been  thus  delayed. 

Respectfully  submitted. 

GEORGE  A.  GLYNN, 

Compiler. 

The  proposed  constitutional  amendment,  printed  No.  439,  in 
words  following: 


710  JOURNAL  OF  THE 

PROPOSED   CONSTITUTIONAL   AMENDMENT 

To  Amend  Article  Nine  of  the  Constitution,  Relating  to  Free 

Common  Schools* 

T he  Delegates  of  tJie  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propone  as  follows  : 

ABTICLE  IX. 

Section  1.  The  Legislature  shall  provide  for  the  maintenance 
and  support  of  a  system  of  free  common  schools,  wherein  all  the 
children  of  this  State  may  be  educated. 

Sec.  2.  The  corporation  created  in  the  year  one  thousand 
seven  hundred  and  eighty-four,  under  the  name  of  the  Regents 
of  the  University  of  the  State  of  New  York,  is  hereby  continued 
under  the  name  of  the  University  of  the  State  of  New  York.  It 
shall  be  governed  and  its  corporate  powers,  which  may  be 
increased,  modified  or  diminished  by  the  Legislature,  shall  be 
exercised  by  not  less  than  nine  regents. 

Sec.  3.  The  capital  of  the  common  school  fund,  the  capital  of 
the  literature  fund,  and  the  capital  of  the  United  States  deposit 
fund,  shall  be  respectively  preserved  inviolate.  The  revenue  of 
the  said  common  school  fund  shall  be  applied  to  the  support  of 
common  schools;  the  revenue  of  the  said  literature  fund  shall 
be  applied  to  the  support  of  academies;  and  the  sum  of  twenty- 
five  thousand  dollars  of  the  revenues  of  the  United  States  deposit 
fund  shall  each  year  be  appropriated  to  and  made  part  of  the 
capital  of  the  said  common  school  fund. 

Sec.  4.  Neither  the  State  nor  any  subdivision  thereof,  shall 
use  its  property  or  credit  or  any  public  money,  or  authorize  or 
permit  either  to  be  used,  directly  or  indirectly,  in  aid  or  main- 
tenance, other  than  for  examination  or  inspection,  of  any  school 
or  institution  of  learning,  wholly  or  in  part  under  the  control  or 
direction  of  any  religious  denomination,  or  in  which  any  denomi- 
national tenet  or  doctrine  is  taught. 

Being  announced  for  third  reading,  Mr.  Peck  moved  to  recom- 
mit said  proposed  constitutional  amendment  to  the  Committee 
on  Education,  with  instructions  to  report  forthwith  amended  as 
follows: 


CONSTITUTIONAL  CONVENTION.  711 

Add  to  section  4: 

"  This  section  shall  not  prevent  the  Legislature  from  making 
provision  for  the  secular  education  of  the  blind,  the  deaf  and 
dumb,  juvenile  delinquents,  orphans  and  other  dependent  or 
legally  committed  children,  inmates  of  charitable  institutions, 
by  the  employment  of  persons  duly  qualified,  according  to  law  as 
teachers  of  public  schools,  to  give  instruction  in  such  institu- 
tions during  usual  school  hours." 

Mr  President  put  the  question  on  the  motion  of  Mr.  Peck,  and 
it  was  determined  in  the  negative. 

Mr.  Foote  moved  to  further  amend  said  instructions  as  follows: 
Amend  section  4  so  as  to  read  as  follows: 

"  Sec.  4.  Neither  the  State  nor  any  subdivision  thereof,  shall 
use  its  property  or  credit  or  any  public  money,  or  authorize  or 
permit  either  to  be  used,  directly  or  indirectly,  in  aid  or  mail* 
tenance,  other  than  for  examination  or  inspection,  of  any  schocL 
or  institution  of  learning,  not  wholly  owned  or  controlled  by  the 
State  or  a  civil  division  thereof. 

"No  creed,  doctrine  or  tenet  of  any  religious  sect  or  denomi- 
nation shall  be  taught  in  schools  or  institutions  of  learning, 
receiving  such  maintenance  or  aid.'7 

Pending  the  question  on  the  motion  of  Mr.  Foote,  Mr.  E.  R. 
Brown  offered  a  resolution  in  words  following: 

"  Kesolved,  That  the  Committee  on  Rules  report  a  modification 
of  Rules  35,  36,  37,  38  and  39,  so  as  to  permit  General  Orders 
Nos.  67,  26  and  42  to  be  read  a  third  time  to-day  without  being 
printed,  and  without  debate,  and  to  permit  all  other  amendments 
on  the  order  of  third  reading." 

Mr.  President  put  the  question  whether  the  Convention  would 
entertain  the  motion  of  Mr.  Brown  at  this  time,  and  it  was  deter- 
mined in  the  affimative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Brown,  and 
Messrs.  McDonough  and  Cochran  were  appointed  tellers,  and 
announced  the  following  vote:  Ayes,  46;  noes,  58.  And  the 
motion  was  declared  lost. 

Mr.  Mclntyre  then  moved  to  further  instruct  the  Committee  on 
Education  to  ainend  said  proposed  constitutional  amendment  as 
follows:  "Strike  out  the  second  section.'' 


712  JOURNAL  OF  THE 

Mr.  Moore  moved  to  further  instruct  said  committee  to  report 
the  following  substitute  therefor: 

1    ARTICLE  IX. 

Section  1.  The  Legislature  shall  provide  for  the  maintenance 
and  support  of  a  system  of  free  common  schools,  for  second- 
ary and  for  higher  education,  wherein  all  the  children  of  school 
age,  and  such  others  as  may  be  provided  by  law,  may  be  admitted 
and  educated. 

Sec.  2.  The  corporation  created  in  seventeen  hundred  and 
eighty-four,  under  the  name  of  the  Regents  of  the  University  of  the 
State  of  New  York,  is  hereby  abolished;  but  there  shall  be  a 
board  of  education  for  the  whole  State,  which  shall  be  known  as 
the  State  Board  of  Education,  consisting  of  nine  members,  one  of 
whom  shall  be  the  Superintendent  of  Public  Instruction,  ex  officio, 
and  the  others  shall  be  elected  one  for  each  of  the  present  judi- 
cial districts  in  the  State,  chosen  one  in  each  district  by  the 
electors  thereof.  They  shall  hold  office  for  four  years  from  and 
after  the  first  day  of  January  after  the  adoption  of  this  article; 
and  serve  without  pay,  except  that  said  Superintendent  of  Public 
Instruction  shall  be  paid  as  provided  by  law.  All  the  powers  and 
duties  of  the  said  Board  of  Regents  of  the  University  of  the  State 
of  New  York  and  of  the  Department  of  Public  Instruction,  shall 
devolve  upon  said  State  Board  of  Education.  The  said  Superin- 
tendent of  Public  Instruction  shall  be,  ex  officio,  the  presiding 
officer  of  said  board. 

The  Legislature  shall  pass  such  laws  as  are  necessary  to  carry 
this  amendment  into  effect 

Sec.  3.  The  common  school  fund,  the  capital  of  the  literature 
fund,  and  the  capital  of  the  United  States  deposit  fund,  shall  be 
respectively  preserved  inviolate.  The  revenue  of  the  said 
common  school  fund  shall  be  applied  to  the  support  of  common 
schools;  the  revenue  of  the  said  literature  fund  shall  be  applied 
to  the  support  of  academies,  and  the  sum  of  twenty-five  thousand 
dollars  of  the  revenues  of  the  United  States  deposit  fund  shall 
each  year,  be  appropriated  to,  and  made  part  of,  the  capital  of 
the  said  common  school  fund. 

Sec.  4.  Neither  the  State  nor  any  subdivision  thereof  shall 
use  its  property  or  credit  or  any  public  money,  or  authorize  or 
permit  either  to  be  used,  directly  or  indirectly,  in  aid  or  main- 
tenance, other  than  for  examination  or  inspection,  of  any  school 


CONSTITUTIONAL  CONVENTION.  713 

or  institution  of  learning  not  wholly  owned  or  controlled  by  the 
State,  or  a  subdivision  thereof. 

No  creed,  doctrine  or  tenet  of  any  religious  sect  or  denomina- 
tion shall  be  taught  in  schools  or  institutions  of  learning  receiv- 
ing such  maintenance  or  aid. 

Mr.  Cassidy  moved  to  further  instruct  said  committee  to  amend 
as  follows: 

Add  as  section  5: 

"No  local  board  of  education  shall  employ  any  school  teacher 
who  espouses  any  religious  sect,  nor  shall  any  teacher  who  is 
employed  appear  in  the  garb  of  a  nun,  the  cassock!  of  a  priest, 
the  close-buttoned  coat  of  an  Episcopal  rector,  the  white  necktie 
of  a  Methodist  minister,  the  stern  countenance  of  a  Presbyterian, 
or  the  lank  figure  of  a  Baptist,  nor  in  the  severe  simplicity  of  a 
Shaker,  or  the  drab  materials  affected  by  the  Society  of  Friends. 
To  avoid  all  appearance,  and  even  suspicion,  of  sectarianism  or 
sanctity  on  the  part  of  public  school  teachers,  the  following 
uniform  is  prescribed: 

"For  male  teachers,  the  zouave  dress  adopted  by  Col.  Billy 
Wilson's  noble  regiment  in  the  War  for  the  Union.  For  female 
teachers,  the  latest  bicycle  costume  imported  from  Paris." 

Mr.  W.  Sullivan  moved  that  the  committee  be  further  instructed 
to  amend  as  follows: 

Strike  out  all  the  words  of  section  4  after  the  word  "  denom- 
ination," on  line  15,  and  insert  in  lieu  thereof  the  words 
"  or  in  which  any  religious  doctrine  or  tenet,  whether  denomina- 
tional or  undenominational,  is  taught,  or  religious  service  or 
exercise,  whether  distinctively  denominational  or  not,  is  con- 
ducted; "  so  that  section  4  as  so  amended  shall  read  as  follows: 

"Neither  the  State  nor  any  subdivision  thereof,  shall  use  it 
property  or  credit  or  any  public  money,  or  authorize  or  permit 
either  to  be  used,  directly  or  indirectly,  in  aid  or  maintenance, 
other  than  for  examination  or  inspection,  of  any  school  or  institu- 
tion of  learning,  wholly  or  in  part  under  the  control  or  direction 
of  any  religious  denomination,  or  in  which  any  religious  doctrine 
or'tenet,  whether  denominational  or  undenominational,  is  taught, 
or  religious  service  or  exercise,  whether  distinctively  denomina- 
tional or  not,  is  conducted." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  W.  Sulli- 
van, and  it  was  determined  in  the  negative. 


714  JOURNAL  OP  THE 

Mr.  President  put  the  question  on  Mr.  Cassidy's  motion,  and  it 
was  determined  in  the  negative. 

Mr.  President  put  the  question  on  Mr.  Forbes'  motion,  and 
Messrs.  McDonough  and  Countryman  were  appointed  tellers, 
and  announced  the  following  vote  :  Ayes,  44;  noes,  52,  and  the 
motion  was  declared  lost 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Peck,  and 
it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mclntyre, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Moore, 
and  it  was  determined  in  the  negative. 

Mr.  Lauterbach  then  moved  that  the  session  be  extended  until 
printed  No.  439,  relating  to  free  common  schools,  and  printed  No. 
460,  to  amend  article  5  of.  the  Constitution,  relating  to  charities, 
are  disposed  of. 

Mr.  President  put  the  question  on  the  motion  of  Mr. 
Lauterbach,  and  Messrs.  Wiggins  and  Parmenter  were  appointed 
tellers,  and  announced  the  following  vote:  Ayes  77;  noes  34,  and 
the  motion  was  declared  carried. 

Said  proposed  constitutional  amendment,  printed  No.  439,  in 
words  following: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Nine  of  the  Constitution,  Relating  to  Free 

Common  Schools. 

The  Delegates  of  ike  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

ARTICLE  IX. 

Section  1.  The  Legislature  shall  provide  for  the  maintenance 
and  support  of  a  system  of  free  common  schools,  wherein  all  the 
children  of  this  State  may  be  educated. 

Sec.  2.  The  corporation  created  in  the  year  one  thousand 
seven  hundred  and  eighty-four,  under  the  name  of  the  Regents 
of  the  University  of  the  State  of  New  York,  is  hereby  continued 
under  the  name  of  the  University  of  the  State  of  New  York.  It 
shall  be  governed  and  its  corporate  powers,  which  may  be 


CONSTITUTIONAL  CONVENTION.  715 

increased,  modified  or  diminished  by  the  Legislature,  shall  be 
exercised  by  not  less  than  nine  regents. 

Sec.  3.  The  capital  of  the  common  school  fund,  the  capital  of 
the  literature  fund,  and  the  capital  of  the  United  States  deposit 
fund,  shall  be  respectively  preserved  inviolate.  The  revenue  of 
the  said  common  school  fund  shall  be  applied  to  the  support  of 
common  schools;  the  revenue  of  the  said  literature  fund  shall 
be  applied  to  the  support  of  academies;  and  the  sum  of  twenty- 
five  thousand  dollars  of  the  revenues  of  the  United  States  deposit 
fund  shall  each  year  be  appropriated  to  and  made  part  of  the 
capital  of  the  said  common  school  fund. 

Sec.  4.  Neither  the  State  nor  any  subdivision  thereof,  shall 
use  its  property  or  credit  or  any  public  money,  or  authorize  or 
permit  either  to  be  used,  directly  or  indirectly,  in  aid  or  main- 
tenance, other  than  for  examination  or  inspection,  of  any  school 
or  institution  of  learning,  wholly  or  in  part  under  the  control  or 
direction  of  any  religious  denomination,  or  in  which  any  denomi- 
national tenet  or  doctrine  is  taught. 

Was  then  read  the  third  time  and  passed,  a  majority  of  all 
the  Delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Allaben,  Baker,  Banks, 
Barrow,  Becker,  Blake,  Brown,  E.  A.;  Brown,  E.  E.;  Cady, 
Church,  Clark,  H.  A.;  Cochran,  Cookinham,  Corn  well,  Country- 
man, Crosby,  Davenport,  Davies,  J.  C.;  Davis,  G.  A.;  Deady, 
Dickey,  Doty,  Durfee,  Durnin,  Emmet,  Faber,  Floyd,  Foote, 
Francis,  Frank,  Andrew ;  Frank,  Augustus;  Fraser,  Fuller,  C.  A.; 
Fuller,  O.  A.;  Galinger,  Gibney,  Giegerich,  Gilbert,  Goeller,  Good- 
elle,  Green,  A.  H.;  Green,  J.  L;  Griswold,  Hamlin,  Hawley, 
Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Jenks,  John- 
son, J.;  Kellogg,  Kerwin,  Kimmey,  Kinkel,  Kurth,  Lauterbach, 
Lester,  Lewis,  C.  H.;  Lincoln,  Lyon,  Manley,  Mantanye,  Marshall, 
McClure,  Mclntyre,  McLaughlin,  C.  B.;  McMillan,  Mereness, 
Morton,  Nichols,  W.  H.;  Nicoll,  DeL.;  Nostrand,  O'Brien,  Ohmeis, 
Osborn,  Parker,  Parkhurst,  Pashley,  Phipps,  Platzek,  Powell, 
Pratt,  Putnam,  Koche,  Eoot,  Sandf ord,  Schumaker,  Steele,  A.  B. ; 
Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Sullivan,  W.;  Tekulsky, 
Tibbetts,  Towns,  Vedder,  Vogt,  Wellington,  Whitmyer,  Wiggins, 
Williams,  Woodward,  President  — 108. 

Noes  —  Messrs.  Barhite,  Barnum,  Bigelow,  Bowers,  Burr,  Camp- 
bell, Carter,  Cassidy,  Chipp,  Jr.;  Clark,  G.  W.;  Coleman,  Dean, 


71G  JOURNAL  OF  THE 

Deterling,  Farrell,  Forbes,  Gilleran,  Holcomb,  Hotchkiss,  Hotten- 
roth,  Johnson,  I.  Sam;  Lewis,  M.  E.;  Marks,  McDonough,  McKin- 
stry,  McLaughlin,  J.  W.;  Moore,  Parmenter,  Peabody,  Peck, 
Rogers,  Smith,  Speer,  Springweiler,  Titus,  Truax,  C.  H.;  Turner, 
Veeder  — 37. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  the  Committee  on  Cities,  introductory  No.  394, 
reported  by  the  Committee  on  Cities,  and  by  the  Committee  of  the 
Whole,  entitled  "Proposed  constitutional  amendment  to  amend 
article  8  of  the  Constitution,  by  the  addition  of  a  new  section," 
reports  the  same  as  examined  and  corrected  and  as  correctly 
engrossed,  and  presents  also  a  special  report  herewith. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  C.  H.  Truax,  introductory  No.  256,  reported  by 
the  Committee  on  Constitutional  Amendments,  and  by  the  Com- 
mittee of  the  Whole,  entitled  "Proposed  constitutional  amend- 
ment to  amend  article  14  of  the  Constitution,"  reports  the  same 
as  examined  and  corrected  and  as  correctly  engrossed. 

Mr.  J.  I.  Greene  presented  the  bill  of  James  A.  Taylor  and 
George  W.  Glendenning,  for  services  in  the  matter  of  the  con- 
tested seats  of  James  A.  Riggs,  Eugene  A.  Curran,  George  W. 
Roderick,  Wm.  M.  Mullen  and  Thomas  W.  Fitzgerald. 

Referred  to  the  Committee  on  Contingent  Expenses. 

The  proposed  constitutional  amendment,  printed  No.  460,  in 
words  following  : 

PROPOSED   CONSTITUTIONAL  AMENDMENT 
To  Amend  Article  Five  of  the  Constitution. 

T  he  Delegates  of  the  People  of  the  State  of  New  York^  w 
Convention  assembled^  do  propose  as  follows  : 

To  article  5  of  the  Constitution  add  the  following  sections : 
Sec.  — .  The  Legislature  shall  provide  for  a  State  board  of 
charities,  which  shall  visit  and  inspect  all  institutions,  whether 
State,  county,  municipal,  incorporated  or  not  incorporated,  which 
are  of  a  charitable,  eleemosynary,  correctional  or  reformatory 
character,  excepting  only  such  institutions  as  are  hereby  made 


CONSTITUTIONAL  CONVENTION.  717 

subject  to  the  visitation  and  inspection  of  either  of  the  commis- 
sions, hereinafter  mentioned,  but  including  all  reformatories 
except  those  in  which  adult  males  convicted  of  felony  shall  be 
confined;  a  State  commission  in  lunacy,  which  shall  visit  and 
inspect  all  institutions,  either  public  or  private,  used  for  the  care 
and  treatment  of  the  insane  (not  including  institutions  for  epilep- 
tics or  idiots);  a  State  Commission  of  Prisons  which  shall  visit 
and  inspect  all  institutions  used  for  the  detention  of  sane  adults 
charged  with,  or  convicted  of,  crime,  or  detained  as  witnesses 
or  debtors.  ( 

Sec. — .  The  members  of  the  said  board  and  of  the  said  com- 
missions shall  be  appointed  by  the  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate;  and  any  member  may  be 
removed  from  office  by  the  Governor  for  cause,  an  opportunity 
having  been  given  him  to  be  heard  in  his  defense. 

Sec.  — .  Existing  laws  relating  to  institutions  referred  to  in 
the  foregoing  sections  and  to  their  supervision  and  inspection,  in 
so  far  as  such  laws  are  not  inconsistent  with  the  provisions  of 
the  Constitution,  shall  remain  in  force  until  amended  or  repealed 
by  the  Legislature.  The  visitation  and  inspection  herein  provided 
for  shall  not  be  exclusive  of  other  visitation  and  inspection  now 
authorized  by  law.  Nothing  in  this  Constitution  contained  shall 
prevent  the  Legislature  from  making  such  provision  for  the  educa- 
tion and  support  of  the  blind,  the  deaf  and  dumb  and  juvenile 
'delinquents,  as  it  may  seem  proper,  or  prevent  any  county,  city, 
town  or  village  from  providing  for  the  care,  support,  maintenance 
and  secular  education  of  inmates  of  orphan  asylums,  home  for 
dependent  children  or  correctional  institutions,  whether  under 
public  or  private  control.  Payments  by  counties,  cities,  towns 
and  villages  to  charitable  eleemosynary,  correctional  and  reforma- 
tory institutions,  wholly  or  partly  under  private  control,  for  care, 
support  and  maintenance,  may  be  authorized,  but  shall  not  be 
required  by  the  Legislature.  No  such  payments  shall  be  made  for 
any  inmate  of  such  institutions  who  is  not  received  and  retained 
therein  pursuant  to  rules  established  by  the  State  Board  of  Chari- 
ties. Such  rules  shall  be  subject  to  the  control  of  the  Legislature 
by  general  laws. 

Sec. — .  Commissioners  of  the  State  Board  of  Charities  and 
commissioners  of  the  State  Commission  of  Lunacy,  now  holding 
office,  shall  be  continued  in  office  for  the  term  for  which  they 
were  appointed,  respectively,  unless  the  Legislature  shall  other- 


71S  JOURNAL  OF  THE 

wise  provide.  The  Legislature  may  confer  upon  the  commissions 
and  upon  the  board  created  by  the  foregoing  sections  any  addi- 
tional powers  that  are  not  inconsistent  with  other  provisions  of 
the  Constitution. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the 
Delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Allaben,  Arnold,  Banks,  Bar- 
hite,  Barrow,  Becker,  Bigelow,  Blake,  Brown,  E.  A. ;  Brown,  E.  R. ; 
Cady,  Campbell,  Church,  Cochran,  Countryman,  Crosby,  Daven- 
port, Davies,  J.  C.;  Deady,  Deterling,  Deyo,  Dickey,  Durnin, 
Emmet,  Faber,  Farrell,  Floyd,  Foote,  Francis,  Frank,  Augustus; 
Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Giegerich, 
Goeller,  Goodelle,  Green,  A.  H.;  Green,  J.  I.;  Griswold,  Hamlin, 
Hawley,  Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls,  Hotten 
roth,  Jenks,  Johnson,  J.;  Kerwin,  Kimmey,  Kinkel,  Kurth,  Lauter- 
bach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon,  Manley, 
Marks,  Marshall,  McClure,  McDonough,  Mclntyre,  McKinstry, 
McLaughlin,  C.  B.;  McLaughlin,  J.  W.;  McMillan,  Meyenborg, 
Morton,  Nichols,  W.  H.;  Nicoll,  DeL.;  Nostrand,  O'Brien, 
Ohmeis,  Osborn,  Parker,  Parkhurst,  Pashley,  Peabody,  Peck, 
Phipps,  Platzek,  Porter,  Powell,  Pratt,  Putnam,  Roche,  Rogers, 
Root,  Sandford,  Smith,  Springweiler,  Storm,  Sullivan,  T.  A.; 
Sullivan,  W.;  Tekulsky,  Titus,  Towns,  Truax,  C.  H.;  Vedder, 
Veeder,  Vogt,  Wellington,  Whitmyer,  Wiggins,  Williams,  Wood- 
ward, President  — 114. 

Noes  —  Messrs.  Baker,  Barnum,  Bowers,  Bush,  Carter, 
Chipp,  Jr.;  Clark,  G.  W.;  Cookinham,  Cornwell,  Dean,  Forbes, 
Gilbert,  Gilleran,  Johnson,  I.  Sam;  Mereness,  Steele,  A.  B.; 
Steele,  W.  H.—  17. 

Mr.  Root  ofterea  a  resolution  in  words  following  : 
Resolved,  That  the  Committee  on  Revision  and  Engrossment 
be  instructed  to  accurately  enroll  and  engross  or  print,  the 
present  State  Constitution,  with  all  amendments  thereto  hereto- 
fore adopted,  properly  inserted,  and  report  the  same  to  the  Con- 
vention on  Thursday  next. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  I.  S.  Johnson  offered  a  resolution  in  words  following  : 
Resolved,  That  when  this  Convention  assembles  on  Thursday 
next,  it  proceed  with  the  business  of  General  Orders  for  one 


CONSTITUTIONAL  CONVENTION.  719 

week,  unless  all  amendments  on  General  Orders  be  sooner  acted 
upon. 

Mr.  Veeder  moved  to  lay  the  iriotion  of  Mr.  I.  S.  Johnson  on 
the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

On    motion    of    Mr.    Cookinham,    at    12.53,    the    Convention 
adjourned. 


Thursday,   September  20,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  A.  K.  Duff. 

On  motion  of  Mr.  O'Brien,  the  reading  of  the  Journal  of  Satur- 
day, September  fifteenth,  was  dispensed  with. 

The  last  Record  appearing  on  the  files  of  members  to-day  is  of 
date  August  twenty-ninth. 

By  vote  of  the  Convention,  the  following  members  were  excused 
from  attendance,  as  follows:  Mr.  Lester,  September  fifteenth  and 
twentieth:  Mr.  Me  Arthur,  September  twentieth;  Mr.  Sandford, 
indefinitely;  Mr.  Kerwin,  September  twentieth;  Mr.  Doty,  Septem- 
ber twentieth;  Mr.  Kimmey,  indefinitely;  Mr.  Giegerich,  Septem- 
ber twentieth;  Mr.  Meyenborg,  indefinitely. 

Mr.  President  directed  the  Secretary  to  call  the  roll  to  ascertain 
the  presence  of  a  quorum,  when  the  following  delegates  answered 
to  the  call  of  their  names : 

Messrs.  Abbott,  Acker,  Banks,  Barhite,  Barrow,  Bigelow,  Bow- 
ers, Brown,  E.  A.;  Burr,  Cady,  Carter,  Cassidy,  Chipp,  Jr.;  Church, 
Clark,  G.  W.;  Clark,  H.  A.;  Coleman,  Cookinham,  Crosby,  Daven- 
port, Davis,  G.  A.;  Deady,  Dean,  Deterling,  Deyo,  Dickey,  Durnin, 
Emmet,  Faber,  Fitzgerald,  Floyd,  Foote,  Forbes,  Francis,  Fuller, 
0.  A.;  Fuller,  O.  A.;  Gilbert,  Goeller,  Goodelle,  Green,  A.  H.; 
Green,  J.  I. ;  Griswold,  Hawley,  Hedges,  Holls,  Hotchkiss,  Hotten- 
roth,  Jacobs,  Jenks,  Johnson,  I.  Sam;  Lewis,  C.  H.;  Lincoln, 
Manley,  Mantanye,  Marshall,  Maybee,  McClure,  McCurdy,  McDon- 
ough,  Mclntyre,  McKinstry,  Mcljaughlin;,  CL  B.;  ,McLaughlin, 
J.  W.;  McMillan,  Moore,  Morton,  Nichols,  W.  H.;  Nicoll,  De  L.; 
O'Brien,  Parmenter,  Peabody,  Peck,  Platzek,  Pool,  Porter,  Powell, 


720  JOURNAL  OF  THE 

Redman,  Roche,  Rogers,  Root,  Schumaker,  Speer,  Spencer,  Spring- 
weiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tib- 
betts,  Truax,  C.  H.;  Tucker,  Turner,  Vedder,  Veeder,  Wellington, 
Whitmyer,  Williams,  Woodward,  President. 

Mr.  Dean  desired  to  introduce  a  resolution  relating  to  the  action 
taken  by  the  Republican  State  convention  just  held  on  some  of  the 
measures  before  this  Convention. 

Mr.  President  put  the  question  whether  the  Convention  would 
receive  the  resolution  offered  by  Mr.  Dean,  and  it  was  decided  in 
the  negative. 

The  Convention  then  proceeded  in  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Jenks,  from  said  committee, 
reported : 

The  Commjittee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  436,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  13,  relating 
to  future  amendments,"  have  gone  through  with  the  same,  have 
made  some  amendments  thereto,  and  instructed  the  chairman  to 
report  the  same  to  the  Convention,  and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative,  and  said  amendment  was 
referred  to  the  Committee  on  Revision  and  Engrossment  and 
ordered  to  a  third  reading. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
presented  the  following  report: 

To  the  Convention: 

Pursuant  to  the  resolution  adopted  September  fifteenth,  your 
Committee  on  Revision  and  Engrossment  presents  herewith,  in 
print,  as  Convention  document  No.  71,  a  draft  of  a  Revised  Consti- 
tution, embodying  the  present  Constitution,  except  such  parts  as 
are  obsolete,  with  all  amendments  adopted  by  the  Convention, 
which  are  accessible  to  us,  inserted  in  their  proper  place. 

The  committee  were  unable  to  obtain  an  authentic  copy  of  the 
charities  article,  adopted  by  the  Convention  on  Saturday,  the  fif- 
teenth instant,  at  the  close  of  its  last  session,  and  hence  were  not 
able  to  insert  that  aricle. 

We  submit  herewith  two  schedules,  one  showing  the  sections  of 
the  Revised  Constitution  as  prepared  by  us,  with  a  reference  oppo- 
site each  section  to  the  sources  from  which  it  is  derived,  whether 


CONSTITUTIONAL  CONVENTION.  721 

from  the  present  Constitution  or  from  the  work  of  this  Convention ; 
another  showing  the  sections  of  the  present  Constitution  and  the 
disposition  of  each  section  in  the  Revised  Constitution,  or  if  any 
section  or  part  of  a  Section  has  been  omitted  by  the  committee  as 
obsolete,  attention  is  called  to  the  fact  by  the  statement 
"amended  on  revision"  or  "omitted  as  obsolete/'  or  otherwise. 
All  sections  which  the  committee  found  it  necessary  to  change  in 
order  to  present  a  revised  Constitution  are  referred  to  as 
"  amended  on  revision." 

The  committee  have  transferred  a  few  sections  from  the  articles 
in  which  they  are  found!  in  the  present  Constitution  in  order  to 
bring  in  to  the  same  article,  as  far  as  possible,  sections  relating  to 
the  same  subject,  or  which,  in  the  opinion  of  the  committee,  should 
be  included  in  the  same  article. 

In  order  to  facilitate  its  work  the  committee  found  it  con- 
venient to  number  the  sections  of  the  draft  of  the  Revised  Con- 
stitution consecutively  from  the  first  to  the  last  section,  preserv- 
ing, however,  the  present  division  of  the  Constitution  into 
articles.  The  committee  have  not  determined,  however,  whether 
to  recommend  that  this  plan  of  numbering  the  sections!  be 
adopted  by  the  Convention,  but  for  convenience  of  reference  and 
examination  the  committee  have  reported  the  Revised  Constitu- 
tion with  the  sections  consecutively  numbered. 

In  order  to  prevent  the  possibility  of  the  increase  in  the  number 
of  justices  of  the  Supreme  Court  in  the  first  and  second  judicial 
districts,  provided  for  in  article  6,  being  held  to  be  additional  to 
the  increase  provided  for  in  the  proposed  constitutional  amend- 
ments which  have  been  agreed  to  by  the  Legislature  and  which 
are  to  be  submitted  to  the  people  at  the  same  election  with  the 
Revised  Constitution,  the  committee  have  prepared  section  num- 
ber one  hundred  and  forty-five  and  recommend  its  adoption  by 
the  Convention. 

The  last  sentence  of  section  ninety-seven  as  printed  in  the 
Revised  Constitution,  should  be  stricken  out,  as  no  canal  debt 
now  exists. 

Dated  Albany,  N.  Y,  September  19,  1894. 

NATHANIEL  FOOTE, 
Chairman. 

46 


722  JOURNAL  OF  THE 

The  Convention  went  into  Committee  of  the  Whole,  and, 
after  some  time  spent  therein,  Mr.  Banks,  from  said  committee, 
reported  in  words  following  : 

The  Committee  of  the  Whole  have  had  under  consideration 
the  proposed  constitutional  amendment,  printed  No.  434,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  7  of  article 
8  of  the  Constitution,  relative  to  the  liability  of  the  stockholders 
of  banking  corporations,"  have  gone  through  with  the  same,  have 
made  no  amendment  thereto,  and  instructed  the  chairman  to 
report  the  same  to  the  Convention,  and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  Messrs.  Manley  and  Rogers  were  appointed  as  tellers,  and 
announced  the  following  vote  :  Ayes,  63;  noes,  28,  and  the 
motion  was  declared  carried. 

And  said  amendment  was  referred  to  the  Committee  on  Revi- 
sion and  Engrossment  and  ordered  to  a  third  reading. 

Mr.  Cookinham  moved  that  the  Convention  now  take  up  the 
order  of  busiess,  third  reading. 

Mr.  President  put  the  question  on  said  motion,  and  Messrs. 
Manley  and  Rogers  were  appointed  as  tellers,  and  announced 
the  following  vote:  Ayes,  08;  noes,  28,  and  the  motion  was 
declared  carried. 

On  motion  of  Mr.  Manley,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Richard  C.  McCormick. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  H.  A.  Clark,  introductory  No.  206,  reported  by 
the  Committee  on  Civil  Service,  and  by  the  Committee  of  the 
Whole,  entitled  "  Proposed  constitutional  amendment  to  amend 
the  Constitution,  relative  to  civil  service  of  the  State  and  cities," 
reports  the  same  as  examined  and  corrected  and  as  correctly 
engrossed. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Parker,  introductory  No.  327,  reported  by  the 
Committee  on  Preamble  and  Bill  of  Rights,  and  by  the  Committee 
of  the  Whole,  entitled  "Proposed  constitutional  amendment  to 
amend  section  7  of  article  1  of  the  Constitution,  so  as  to  include 
therein  the  right  to  construct  and  maintain  necessary  drains  and 
ditches  for  agricultural  purposes  across  the  lands  of  others,7' 


CONSTITUTIONAL  CONVENTION.  723 

reports  the  same  as  examined  and   corrected   and  as   correctly 
engrossed. 

Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 
The  proposed  constitutional  amendment,  printed  No.  431,  in 
words  following: 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  Six  of  Article  Seven,  Relating  to  Canals. 

T  he  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

Section  6  of  article  7  of  the  Constitution  of  the  State  of  New 
York,  is  hereby  amended  so  as  to  read  as  follows:  " 

Sec.  2.  The  Legislature  shall  not  sell,  lease  or  otherwise  dis- 
pose of  the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal, 
the  Cayuga  and  Seneca  canal,  or  the  Black  River  canal,  but  they 
shall  remain  the  property  of  the  State  and  under  its  manage- 
ment forever.  The  prohibition  of  lease,  sale  or  other  disposition 
herein  contained,  shall  not  apply  to  the  canal  known  as  the  Main 
and  Hamburg  street  canal,  situated  in  the  city  of  Buffalo,  and 
which  extends  easterly  from  the  westerly  line  of  Main  street  to 
the  westerly  line  of  Hamburg  street.  All  funds'  that  may  be 
derived  from  any  lease,  sale  or  other  disposition  of  any  canal 
shall  be  applied  to  the  improvements,  superintendence  or  repairs 
of  the  remaining  portion  of  the  canals. 

Being  announced  for  third  reading,  Mr.  Roche  moved  to  recom- 
mit said  proposed  constitutional  amendment  to  the  Committee  on 
Canals,  with  instructions  to  report  the  same  forthwith,  amended 
as  follows: 

Strike  out  all  after  the  word  "over"  on  line  7,  down  to  and 
including  "  street,"  on  line  1,  page  2. 

Pending  the  question,  the  hour  of  one  o'clock  having  arrived, 
the  Convention  took  a  recess  until  three  o'clock. 


724  JOURNAL  OF  THE 

AFTERNOON  SESSION. 

Three  o'clock  P.  M. 
The  Convention  again  met. 

Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

Mr.  President  directed  the  Secretary  to  call  the  roll  to  ascer- 
tain the  presence  of  a  quorum,  when  the  following  Delegates 
answered  to  the  call  of  their  names  : 

Messrs.  Abbott,  Acker,  Arnold,  Baker,  Barhite,  Barnum,  Bar- 
row, Bigelow,  Blake,  Bowers,  Burr,  Cady,  Carter,  Cassidy, 
Chipp,  Jr.,  Church,  Clark,  G.  W.;  Cochran,  Coleman,  Cookinham, 
Cornwell,  Countryman,  Crosby,  Davenport,  Deady,  Dean,  Deyo, 
Dickey,  Durfee,  Durnin,  Faber,  Floyd,  Forbeis,  Francis,  Frank, 
Andrew;  Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney, 
Gilleran,  Goeller,  Green,  A.  H.;  Griswold,  Hamlin,  Hawley, 
Hecker,  Hedges,  Hirschberg,  M.  H.;  Holcomb,  Hotchkiss,  Hotten 
roth,  Jacobs,  Jenks,  Johnson,  I.  Sam;  Kellogg,  Kurth,  Lester, 
Lincoln,  Mantanye,  Marshall,  Maybee,  McCurdy,  McDonough, 
Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McLaughlin,  J.  W.; 
McMillan,  Moore,  Morton,  Nicoll,  De  L.;  O'Brien,  Ohmeis,  Osborn, 
Parker,  Parkhurst,  Parmenter,  Peck,  Platzek,  Pool,  Powell,  Pratt, 
Putnam,  Redman,  Roche,  Rogers,  Schumaker,  Spencer,  Spring- 
weiler,  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Sullivan,  W.; 
Tekulsky,  Towns,  Truax,  C.  H.;  Truax,  C.  S.;  Tucker,  Veeder, 
Vogt,  Wellington,  Whitmyer,  Wiggins,  Williams,  Woodward, 
President 

Mr.  President  stated  the  pending  question,  at  the  hour  of 
adjournment,  to  be  upon  the  motion  of  Mr.  Roche  to  recommit 
the  proposed  constitutional  amendment  to  the  Committee  on 
Canals,  with  instructions  to  report  said  amendment  forthwith, 
amended  as  follows: 

Strike  out  all  after  the  word  "  ever,"  on  line  7,  down  to  and 
including  "  street "  on  line  1,  page  2. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Roche,  and 
it  was  determined  in  the  negative. 

Said  proposed  constitutional  amendement,  in  words  following: 


CONSTITUTIONAL  CONVENTION.  725 

PROPOSED  CONSTITUTIONAL  AMENDMENT 
To  Amend  Section  Six  of  Article  Seven,  Eelating  to  Canals. 

T he  Delegates  of  the  People  of  the  State  of  New    York,   in 
Convention  assembled,  do  propose  as  follows : 

Section  6  of  article  7  of  the  Constitution  of  the  State  of  New 
York,  is  hereby  amended  so  as  to  read  as  follows: 

Sec.  2.  The  Legislature  shall  not  sell,  lease  or  otherwise  dis- 
pose of  the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal, 
the  Cayuga  and  Seneca  canal,  or  the  Black  River  canal,  but  they 
shall  remain  the  property  of  the  State  and  under  its  management 
forever.  The  prohibition  of  lease,  sale  or  other  disposition  herein 
contained,  shall  not  apply  to  the  canal  known  as  the  Main  and 
Hamburg  street  canal,  situated  in  the  city  of  Buffalo,  and  which 
extends  easterly;  from  the  westerly  line  of  Main  street  to  the 
westerly  line  of  Hamburg  street  All  funds  that  may  be  derived 
from  any  lease,  sale  or  other  disposition  of  any  canal  shall  be 
applied  to  the  improvements,  superintendence  or  repairs  of  the 
remaining  portion  of  the  canals. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the 
Delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Banks, 
Barnum,  Barrow,  Becker,  Bigelow,  Blake,  Brown,  E.  R.;  Cady, 
Carter,  Cassidy,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Cochran, 
Coleman,  Cookinham,  Cornwell,  Dean,  Deterling,  Deyo,  Dickey, 
Durfee,  Emmet,  Faber,  Floyd,  Foote,  Francis,  Frank,  Andrew; 
Frank,  Augustus;  Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger, 
Gibney,  Goodelle,  Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Holls, 
Hotchkiss,  Jenks,  Johnson,  I.  Sam;  Johnson,  J.;  Kellogg,  Kinkel, 
Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln,  Manley,  Mar- 
shall, Maybee,  Mclntyre,  McKinstry,  McMillan,  Mereness,  Moore, 
Morton,  Nichols,  W.  H.;  Nostrand,  O'Brien,  Parker,  Parkhurst, 
Parmenter,  Pashley,  Peck,  Platzek,  Pool,  Porter,  Powell,  Pratt, 
Putnam,  Redman,  Root,  Spencer,  Springweiler,  Steele,  A.  B.; 
Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Sullivan,  W.;  Tekulsky, 
Tibbetts,  Truax,  C.  S.;  Turner,  Vogt,  Wellington,  Whitmyer, 
Wiggins,  Woodward,  President  —  99. 

Noes  —  Messrs.  Barhite,  Bowers,  Burr,  Davenport,  Deady, 
Durnin,  Farrell,  Gilleran,  Goeller,  Green,  A.  H.;  Griswold,  Hoi- 


726  JOURNAL  OF  THE 

comb,  Hottenroth,  Jacobs,  Mantanye,  McClure,  McCurdy,  McDon- 
ough,  McLaughlin,  C.  B. ;  McLaughlin,  J.  W.;  Mcoll,  De  L.;  Ohmeis, 
Eoche,  Rogers,  Schumaker,  Towns,  Truax,  C.  H.;  Tucker, 
Veeder  —  29. 

The  proposed  constitutional  amendment,  printed  No.  437,  in 
words  following: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Sections  One,  Two,  Four  and  Five  of  Article  Seven 
of  the  Constitution,  in  Relation  to  the  Canal  Debts  and  the 
Maintenance  of  Canals. 

T lie  Delegates  of  ike  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

Sections  1,  2,  4  and  5  of  article  7  of  the  Constitution,  are  hereby 
abrogated,  and  section  3  amended  so  as  to  read  as  follows: 

Section  1.  No  tolls  shall  hereafter  be  imposed  on  persons  or 
property  transported  on  the  canals,  except  that  the  Legislature 
may,  in  its  discretion,  impose  or  remove  tolls  on  products  of  the 
Dominion  of  Canada  passing  through  any  canal  of  this  State, 
but  all  boats  navigating  the  canals  and  the  owners  and  masters 
thereof,  shall  be  subject  to  such  laws  and  regulations  as  have 
been  or  may  hereafter  be  enacted  concerning  the  navigation  of 
the  canals.  The  Legislature  shall  annually,  by  equitable  taxes, 
make  provision  for  the  expenses  of  the  superintendence  and  repairs 
of  the  canals. 

All  contracts  for  work  or  materials  on  any  canal  shall  be  made 
with  the  persons  who  shall  offer  to  do  or  provide  the  same  at  the 
lowest  price,  with  adequate  security  for  their  performance.  No 
extra  compensation  shall  be  made  to  any  contractor;  but  if, 
from  any  unforeseen  cause,  the  terms  of  any  contract  shall  prove 
to  be  unjust  and  oppressive,  the  canal  board  may,  upon  the 
application  of  the  contractor,  cancel  such  contract. 

Being  announced  for  third  reading,  Mr.  Cady  moved  that  said 
proposed  constitutional  amendment  be  recommitted  to  the  Com- 
mittee on  Canals,  with  instructions  to  report  the  same  forthwith, 
amended  as  follows: 

On  page  2,  at  end  of  line  2,  insert  the  following:  "  The  canals  of 
the  State  may  be  improved  in  such  manner  as  the  Legislature 
shall  provide  by  law.  A  debt  may  be  authorized  for  that  purpose 


CONSTITUTIONAL  CONVENTION.  727 

in  the  mode  prescribed  "by  section  8  of  this  article,  or  the  cost  of 
such  improvement  may  be  defrayed  by  the  appropriation  of 
funds  from  the  State  treasury,  or  by  equitable  annual  tax." 

Mr.  Yeeder  moved  to  further  instruct  said  committee  to  amend 
as  follows: 

Add  to  the  amendment  offered  by  Mr.  Cady,  the  following ; 
"  Provided,  however,  that  the  bonds  that  may  be  issued  under 
the  provisions  of  this  article  may  run  for  a  period  not  exceeding 
thirty  years." 

Mr.  Baker  moved  to  further  instruct  said  committee  to  amend 
as  follows: 

Strike  out  on  page  1  all  after  the  word  "  canals,"  in  line  5, 
down  to  and  including  the  word  "  State,"  in  line  7. 

Mr.  Nichols  moved  to  further  instruct  said  committee  to  amend 
as  follows: 

Strike  out  all  after  the  word  "article"  in  fourth  line  of  Mr. 
Cady's  amendment 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Veeder, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Nichols, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Oady, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Baker, 
and  it  was  determined  in  the  affirmative. 

Mr.  Choate  moved  to  recommit  to  said  committee,  with  instruc- 
tions to  amend  as  follows: 

Strike  out  the  words  "  or  by  equitable  annual  tax." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Choate, 
and  it  was  determined  in  the  negative. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Marshall,  introductory  No.  69,  reported  by  the 
Committee  on  Banking  and  Insurance,  and  by  the  Committee  of 
the  "Whole,  entitled  "Proposed  constitutional  amendment!  to 
amend  section  7  of  article  8  of  the  Constitution,  relative  to  the 
liability  of  the  stockholders  of  banking  corporations,"  reports  the 
same  as  examined  and  corrected  and  as  correctly  engrossed. 


728  JOURNAL  OF  THE 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Committee  on  Future  amendments,  introductory 
No.  368,  reported  by  the  Committee  on  Future  Amendments,  and 
by  the  Committee  of  the  Whole,  entitled  "Proposed  Constitu- 
tional amendment  to  amend  article  13  of  the  Constitution,  relat- 
ing to  further  amendments,"  reports  the  same  as  examined  and 
corrected  and  as  correctly  engrossed. 

Mr.  Dickey  moved  that  the  time  of  the  session  be  extended  to 
six  o'clock. 

Mr.  Cady  moved  to  amend  so  that  the  session  will  be  extended 
to  5.30  o'clock. 

Mr.  Mclntyre  raised  the  point  of  order  that  five  o'clock  had 
arrived,  and  the  Convention  must  take  a  recess. 

Mr.  President  ruled  the  point  of  order  not  well  taken. 

Mr.  Mclntyre  appealed  from  the  decision  of  the  Chair. 

Mr.  J.  0.  Davies  moved  to  lay  the  appeal  on  the  table. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Davies, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cady,  and 
it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Dickey, 
is  amended,  and  it  was  determined  in  the  affirmative. 

The  proposed  constitutional  amendment,  printed  No.  437,  as 
amended,  to  read  as  follows: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Sections  One,  Two,  Four  and  Five  of  Article  Seven 
of  the  Constitution,  in  Relation  to  the  Canal  Debts  and  the 
Maintenance  of  Caanls. 

T he  Delegates*  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows  : 

Sections  1,  2,  4  and  5  of  article  7  of  the  Constitution,  are  hereby 
abrogated,  and  section  3  amended  so  as  to  read  as  follows: 

Section  1.  No  tolls  shall  be  hereafter  imposed  on  persons  or 
property  transported  on  the  canals,  but  all  boats  navigating  the 
canals,  and  the  owners  and  masters  thereof,  shall  be  subject  to 
such  lawa  and  regulations  as  have  been  or  may  hereafter  be 


CONSTITUTIONAL  CONVENTION.  729 

enacted  concerning  the  navigation  of  the  canals.  The  Legislature 
shall  annually,  by  equitable  taxes,  make  provision  for  the  expenses 
of  the  superintendence  and  repairs  of  the  canals.  The  canals 
of  the  State  may  be  improved  in  such  manner  as  the  Legislature 
shall  provide  by  law.  A  debt  may  be  authorized  for  that  purpose 
in  the  mode  prescribed  by  section  eight  of  this  article,  or  the 
cost  of  such  improvement  may  be  defrayed  by  the  appropriation 
of  funds  from  the  State  treasury,  or  by  equitable  annual  tax.'" 

All  contracts  for  work  or  materials  on  any  canal  shall  be  made 
with  the  persons  who  shall  offer  to  do  or  provide  the  same  at  the 
lowest  price,  with  adequate  security  for  their  performance.  No 
extra  compensation  shall  be  made  to  any  contractor  but  it,  from 
any  unforeseen  cause,  the  terms  of  any  contract  shall  prove  to  be 
unjust  and  oppressive,  the  canal  board  may,  upon  the  application 
of  the  contractor,  cancel  such  contract. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the 
delegates  elected  to  the  Convention,  voting  in  favor  thereof. 

Ayes  —  Messrs.  Ackerly,  Arnold,  Baker,  Barrow,  Becker,  Blake, 
Bowers,  Brown,  E.  A.;  Burr,  Cady,  Carter,  Cassidy,  Cochran,  Cole- 
man,  Countryman,  Davenport,  Davis,  G.  A.;  Deady,  Dean,  Dcter- 
ling,  Deyo,  Durnin,  Emmet,  Faber,  Farrell,  Fitzgerald,  Floyd, 
Forbes,  Francis,  Frank,  Andrew;  Frank,  Augustus;  Fuller,  C.  A.; 
Gribney,  Giegerich,  Gilleran,  Goeller,  Hecker,  Hedges,  Hill,  Hirsch- 
berg,  M.  SE.;  Holcomb,  Holls,  Hotchkiss,  Hottenroth,  Jenks, 
Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln,  Manley,  Marshall, 
McClure,  McDonough,  McLaughlin,  C.  B.;  McLaughlin,  J.  W.; 
McMillan,  Mereness,  Moore,  Morton,  Nicoll,  De  L.;  Nostrand, 
O'Brien,  Ohmeis,  Parmenter,  Pashley,  Peck,  Platzek,  Porter, 
Powell,  Putnam,  Roche,  Rogers,  Root,  Smith,  Springweiler,  Steele, 
W.  H.;  Storm,  Sullivan,  T.  A.;  Sullivan,  W.;  Tekulsky,  Tibbetts, 
Truax,  C.  H.;  Truax,  C.  S.;  Tucker,  Turner,  Veeder,  Vogt,  Welling- 
ton, Williams  —  89.  I 

Noes  —  Messrs.  Abbott,  Acker,  Banks,  Barhite,  Barnum,  Bige- 
low,  Brown,  E.  R.;  Chipp,  Jr.;  Church,  Clark,  G.  W.;  Clark,  H.  A.; 
Cookinham,  Cornwell,  Crosby,  Dickey,  Durfee,  Foote,  Fuller, 
O.  A.;  Gilbert,  Goodelle,  Green,  A.  H.;  Griswold,  Hamlin,  Haw- 
ley,  Jacobs,  Johnson,  I.  Sam;  Johnson,  J.;  Kellogg,  Kinkel,  Kurth, 
Mantanye.  Maybee,  McCurdy,  Mclntyre,  McKinstry,  Nichols, 
W.  H.;  Parker.  Parkhurst,  Redman,  Spencer,  Steele,  A.  B.;  Whit- 
myer,  Woodward,  President  —  44. 


T30  JOURNAL  OF  THE 

When  the  name  of  Mr.    Forbes  was  called,  he  asked  to  be  and 
was  not  excused  from  voting. 

The  Convention  then  took  a  recess  until  eight  o'clock. 


EVENING  SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met. 
The  Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

Mr.  Cookinham  offered  a  resolution  in  words  following: 

Resolved,  That  a  committee  consisting  of  ten  Delegates  be 
appointed  by  the  President  to  draft  an  address  to  the  people  of 
the  State  explanatory  of  the  proposed  constitutional  amendments 
to  be  submitted  to  the  popular  vote,  and  that  the  President  be 
ex  officio  chairman  of  such  committee. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rules. 

Mr.  Cookinham  also  offered  a  resolution  in  words  following: 

Resolved,  That  the  Convention  adjourn  sine  die  on  Saturday, 
September  22,  at  twelve  o'clock,  noon,  or  as  soon  thereafter  on 
that  day  as  the  constitutional  amendments  then  adopted  can  be 
read,  and  the  Revised  Constitution  read,  adopted  as  a  whole  and 
signed  by  the  Delegates.  <. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rules. 

Mr.  Springweiler  offered  a  resolution  in  words  following: 

Whereas,  The  wage-workers  of  this  State  have  petitioned  this 
Convention,  through  many  thousand  citizens,  to  pass  the 
co-employer  liability,  anti-conspiracy  and  anti-trust  amendments; 
therefore,  be  it 

Resolved,  That  this  Convention  will  not  adjourn  without  con- 
sidering their  requests  and  passing  on  said  amendments. 

The  resolution,  giving  rise  to  debate,  was  tabled  under  the  rules. 

Mr.  President  directed  the  Secretary  to  call  the  roll  to  ascertain 
the  presence  of  a  quorum,  when  the  following  Delegates  answered 
to  the  call  of  their  names: 

Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Barhite,  Barnum,  Bar- 
row, Becker,  Bigelow,  Brown,  E.  A.;  Brown,  E.  R.;  Burr,  Cady, 
Carter,  Chipp,  Jr.;  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coleman, 


CONSTITUTIONAL  CONVENTION.  731 

Cookinham,  Cornwall,  Countryman,  Dean,  Deterling,  Deyo, 
Dickey,  Durfee,  Durnin,  Emmet,  Faber,  Parrell,  Floyd,  Foote, 
Forbes,  Francis,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney, 
Green,  A.  H.;  Green,  J.  L;  Hawley,  Hedges,  Hill,  Hottenroth, 
Johnson,  I.  Sam;  Johnson,  J.;  Kellogg,  Kinkel,  Kurth,  Lester, 
Lewis,  C.  H.;  Lincoln,  Manley,  Mantanye,  Marshall,  Maybee, 
.McClure,  McCurdy,  McDonough,  Mclntyre,  McLaughlin,  C.  B.; 
McLaughlin,  J.  W.;  McMillan,  Mereness,  Moore,  Morton,  Nichols, 
W.  H.;  O'Brien,  Ohmeis,  Osborn,  Parker,  Pashley,  Peck,  Platzek, 
Pool,  Powell,  Putnam,  Redman,  Rogers,  Schumaker,  Spencer, 
Springweiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.; 
Tekulsky,  Tucker,  Vogt,  Wellington,  Whitmyer,  Wiggins,  Wil- 
liams, Woodward. 

Mr.  Tekulsky  offered  a'  resolution  in  words  following: 
Resolved,  That  we  extend  this  evening's  session  to  eleven  o'clock, 
and  after  disposing  of  the  printed  Calendar  on  third  reading  of 
bills  Nos.  26,  27,  28  and  29,  we  return  to  general  order  No.  48, 
which  is  the  first  on  the  Calendar,  before  transacting  any  other 
business. 

Mr.  Cookinham  moved  to  lay  the  resolution  on  the  table,  and 
on  that  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the  table, 
and  it  was  determined  in  the  negative. 

Debate  being  had  thereon,    Mr.    Dean    moved    the    previous 
question. 

Mr.  President  put  the  question  on  ordering  the  previous  ques- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  resolution  offered  by  Mr. 
Tekulsky,  and  it  was  determined  in  the  negative. 

The  proposed  constitutional  amendment,  printed  No.  464,  in 
words  following: 


732  JOURNAL  OF  THE 

PEOPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Eight  of  the  Constitution  by  the  Addition  of 

New  Section. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows  : 

Article  8  of  the  Constitution  is  amended  by  inserting  the  follow- 
ing as  a  new  section: 

Sec.  12.  All  cities  are  classified  according  to  the  latest  State 
enumeration,  as  from  time  to  time  made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  two  hundred  and 
fifty  thousand,  or  more;  the  second  class,  all  cities  having  a  popu- 
lation of  fifty  thousand  and  less  than  two  hundred  and  fifty 
thousand;  <the  third  class,  all  other  cities.  Laws  relating  to  the 
property,  affairs  or  government  of  cities,  and  the  several  depart- 
ments thereof,  are  divided  into  general  and  special  city  laws; 
general  city  laws  are  those  which  relate  to  all  the  cities  of  one  or 
more  classes;  special  city  laws  are  those  which  relate  to  a  single 
city,  or  to  less  than  all  the  cities  of  a  class.  Special  city  laws  shall 
not  be  passed  except  in  conformity  with  the  provisions  of  this 
section.  After  any  bill  for  a  special  city  law,  relating  to  a  city, 
has  been  passed  by  both  branches  of  the  Legislature,  the  house  in 
which  it  originated  shall  immediately  transmit  a  certified  copy 
thereof  to  the  mayor  of  such  city,  and  within  fifteen  days  there- 
after the  mayor  shall  return  such  bill  to  the  house  from  which  it 
was  sent,  or  if  the  session  of  the  Legislature  at  which  such  bill  was 
passed  has  terminated,  to  the  Governor,  with  the  mayor's  certifi- 
cate thereon,  stating  whether  the  city  has  or  has  not  accepted 
the  same. 

In  every  city  of  the  first  class,  the  mayor,  and  in  every  other 
city,  the  mayor  and  the  legislative  body  thereof,  concurrently, 
shall  act  for  such  city  as  to  such  bill;  but  the  Legislature  may 
provide  for  the  concurrence  of  the  legislative  body  in  cities  of  the 
first  class.  The  Legislature  shall  provide  for  a  public  notice  and 
opportunity  for  a  public  hearing  concerning  any  such  bill  in  every 
city  to  which  it  relates!,  before  action  thereon.  Such  a  bill,  if  it 
relates  to  more  than  one  city,  shall  be  transmitted  to  the  mayor  of 
each  city  to  which  it  relates,  and  shall  not  be  deemed  accepted 
unless  accepted  as  herein  provided,  by  every  such  city.  Whenever 
any  such  bill  is  accepted,  as  herein  provided,  it  shall  be  subject,  as 


CONSTITUTIONAL  CONVENTION.  733 

are  other  bills,  to  the  action  of  the  Governor.  Whenever,  during 
the  session  at  which  it  was1  passed,  any  such  bill  is  returned  with- 
out the  acceptance  of  the  city  or  cities  to  which  it  relates,  or 
within  such  fifteen  days  is  not  returned,  it  may  nevertheless  again 
be  passed  by  both  branches  of  the  Legislature,  and  it  shall  then 
be  subject,  as  are  other  bills,  to  the  action  of  the  Governor.  In 
every  special  city  law  which  has  been  accepted  by  the  city  or  cities 
to  which  it  relates,  thet  title  shall  be  followed  by  the  words 
"  accepted  by  the  city,"  or  "  cities,"  as  the  case  may  be ;  in  every 
such  law  which  is  passed  without  such  acceptance,  by  the  words, 
"passed  without  the  acceptance  of  the  city,"  or  "cities,"  as  the 
case  may  be. 

All  certificates  of  indebtedness  or  revenue  bonds  issued  in 
anticipation  of  the  collection  of  taxes,  which  are  not  by  their 
terms  to  be  paid  within  five  years  after  their  date  of  issue,  and 
bonds  issued  to  provide  for  the  supply  of  water,  and  any  debt 
hereafter  incurred  by  any  portion  or  part  of  a  city,  if  there  shall 
be  any  such  debt,  shall  be  included  in  ascertaining  the  power  of 
the  city  to  become  otherwise  indebted.  Whenever  hereafter  the 
boundaries  of  any  city  shall  become  the  same  as  those  of  a  county, 
the  power  of  the  county  to  become  indebted  shall  cease,  but  the 
debt  of  the  county  at  that  time  existing  shall  not  be  included  as 
a  part  of  the  city  debt. 

Being  announced  for  third  reading,  Mr.  Banks  moved  to  recom- 
mit said  amendment  to  the  Committee  on  Cities  with  instructions 
to  report  the  same  forthwith,  amended  as  follows: 

Strike  out  lines  8  to  17,  on  page  3,  and  insert  in  lieu  thereof 
the  following: 

Section  11  of  article  8  of  the  Constitution  is  hereby  amended 
so  as  to  read  as  follows: 

"  Sec.  22.  No  county,  city,  town  or  village  shall  hereafter  give 
any  money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of 
any  individual,  association  or  corporation,  or  become  directly  or 
indirectly  the  owner  of  stock  in  or  bonds  of  any  association  or 
corporation;  nor  shall  any  such  county,  city,  town  or  village  be 
allowed  to  incur  any  indebtedness  except  for  county,  city,  town  or 
village  purposes.  This  section  shall  not  prevent  such  county,  city, 
town  or  village  from  making  such  provision  for  the  aid  or  support 
of  its  poor  as  may  be  authorized  by  law.  No  county  or  city,  shall 
be  allowed  to  become  indebted  for  any  purpose  or  in  any  manner 


734  JOURNAL  OF*  THE 

to  an  amount  which,  including  existing  indebtedness,  shall  exceed 
ten  per  centum  of  the  assessed  valuation  of  the  real  estate  of  such 
county  or  city  subject  to  taxation,  as  it  appeared  by  the  assess- 
ment-rolls of  said  county  or  city  on  the  last  assessment  for  State 
or  county  taxes  prior  to  the  incurring  of  such  indebtedness;  and 
all  indebtedness  in  excess  of  such  limitation,  except  such  as  may 
now  exist,  shall  be  absolutely  void,  except  as  herein  otherwise 
provided.  No  county  or  city  whose  present  indebtedness  exceeds 
ten  per  centum  of  the  assessed  valuation  of  its  real  estate,  subject 
to  taxation,  shall  be  allowed  to  become  indebted  in  any  further 
amount  until  such  indebtedness  shall  be  reduced  within  such 
limit.  This  section  shall  not  be  construed  to  prevent  the  issuing 
of  certificates  of  indebtedness  or  revenue  bonds  issued  in  antici- 
pation of  the  collection  of  taxes  for  amounts  actually  contained, 
or  to  be  contained  in  the  taxes  for  the  year  when  such  certificates 
or  revenue  bonds  are  issued  and  payable  out  of  such  taxes.  Nor 
shall  this  section  be  construed  to  prevent  the  issue  of  bonds  to 
provide  for  the  supply  of  water,  but  the  term  of  the  bonds  issued 
to  provide  for  the  supply  of  water  shall  not  exceed  twenty  years, 
and  a  sinking  fund  shall  be  created  on  the  issuing  of  the  said 
bonds  for  their  redemption,  by  raising  annually  a  sum  which  will 
produce  an  amount  equal  to  the  sum  of  the  principal  and  interest 
of  said  bonds  at  their  maturity.  All  certificates  of  indebtedness 
or  revenue  bonds  issued  in  anticipation  of  the  collection  of  taxes, 
which  are  not  retired  within  five  years  after  their  date  of  issue, 
and  bonds  issued  to  provide  for  the  supply  of  water,  and  any  debt 
hereafter  incurred  by  any  portion  or  part  of  a  city  (if  there  shall 
be  any  such  debt)  shall  be  included  in  ascertaining  the  power  of 
the  city  to  become  otherwise  indebted.  Whenever  hereafter  the 
boundaries  of  any  city  shall  become  the  same  as  those  of  a  county 
the  power  of  the  county  to  become  indebted  shall  cease,  but  the 
debt  of  the  county  at  that  time  existing  shall  not  be  included  as  a 
part  of  the  city  debt.  The  amount  hereafter  to  be  raised  by  tax 
for  county  or  city  purposes,  in  any  county  containing  a  city  of  over 
one  hundred  thousand  inhabitants  or  any  such  city  of  this  State, 
in  addition  to  providing  for  the  principal  and  interest  of  existing 
debt,  shall  not,  in  the  aggregate,  exceed  in  any  one  year  two  per 
centum  of  the  assessed  valuation  of  the  real  and  personal  estate 
of  such  county  or  city,  to  be  ascertained  as  prescribed  in  this 
section  in  respect  to  county  or  city  debt." 


CONSTITUTIONAL  CONVENTION.  735 

Mr.  Spencer  moved  to  further  instruct  said  committee  to  amend 
said  proposed  constitutional  amendment  as  follows: 

Strike  out  all  after  the  word  "  section,"  on  line  2,  page  1,  down 
to  and  including  the  words  "  may  be,"  line  7,  page  3,  and  insert  in 
lieu  thereof  the  following: 

"Whenever  three-fifths  of  the  electors  of  any  city  shall  elect 
that  such  city  shall  exercise  exclusive  legislative  and  adminis- 
trative powers  concerning  the  streets,  highways,  parks,  public 
places  and  sewers  within  said  city,  and  the  compensation  of  city 
officials  and  servants  whose  duties  appertain  to  any  of  said  sub- 
jects, the  Legislature  shall  confer  such  powers  upon  the  mayor 
and  common  council  of  said  city  and  provide  by  law  for  the  elec- 
tion and  organization  of  such  mayor  and  common  council,  in  such 
manner  and  by  such  methods  as  shall,  in  the  judgment  of  the 
Legislature,  conserve  the  rights  of  and  represent  all  the  people  of 
such  city,  anything  herein  to  the  contrary  notwithstanding.  The 
Legislature  may  confer  upon  such  mayor  and  common  council 
such  further  powers  of  local  legislation  and  administration  as 
the  Legislature  may,  from  time  to  time,  deem  expedient." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Banks, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Spencer, 
and  it  was  determined  in  the  negative. 

Said  proposed  constitutional  amendment,  printed  No.  464,  as 
amended,  in  words  following: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Eight  of  the  Constitution  by  the  Addition  of 

New  Section. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled ',  do  propose  as  follows  : 

Article  8  of  the  Constitution  is  amended  by  inserting  the  fol- 
lowing as  a  new  section: 

Sec.  12.  All  cities  are  classified  according  to  the  latest  State 
enumeration,  as  from  time  to  time  made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  two  hundred  and 
fifty  thousand,  or  more;  the  second  class,  all  cities  having  a 
population  of  fifty  thousand  and  less  than  two  hundred  and  fifty 
thousand;  the  third  class,  all  other  cities.  Laws  relating  to  the 


73C  JOURNAL  OF*  THE 

property,  affairs  of  government  of  cities,  and  the  several  depart- 
ments thereof,  are  divided  into  general  and  special  city  laws; 
general  city  laws  are  those  which  relate  to  all  the  cities  of  one  or 
more  classes;  special  city  laws  are  those  which  relate  to  a  single 
city,  or  to  less  than  all  the  cities  of  a  class.  Special  city  laws 
shall  not  be  passed  except  in  conformity  with  the  provisions  of 
this  section.  After  any  bill  for  a  special  city  law,  relating  to  a 
city,  has  been  passed  by  both  branches  of  the  Legislature,  the 
house  in  which  it  originated  shall  immediately  transmit  a  cer- 
tified copy  thereof  to  the  mayor  of  such  city,  and  within  fifteen 
days  thereafter  the  mayor  shall  return  such  bill  to  the  house 
form  which  it  was  sent,  or  if  the  session  of  the  Legislature  at 
which  such  bill  was  passed  has  terminated,  to  the  Governor,  with 
the  mayor's  certificate  thereon,  stating  whether  the  city  has  or 
has  not  accepted  the  same. 

In  every  city  of  the  first  class,  the  mayor,  and  in  every  other 
city,  the  mayor  and  the  legislative  body  thereof,  concurrently, 
shall  act  for  such  city  as  to  such  bill;  but  the  Legislature  may 
provide  for  the  concurrence  of  the  legislative  body  in  cities  of 
the  first  class.  The  Legislature  shall  provide  for  a  public  notice 
and  opportunity  for  a  public  hearing  concerning  any  such  bill  in 
every  city  to  which  it  relates,  before  action  thereorii  Such  a  bill, 
if  it  relates  to  more  than  one  city,  shall  be  transmitted  to  the 
mayor  of  each  city  to  which  it  relates,  and  shall  not  be  deemed 
accepted  unless  accepted  as  herein  provided,  by  every  such  city. 
Whenever  any  such  bill  is  accepted,  as  herein  provided,  it  shall 
be  subject,  as  are  other  bills,  to  the  action  of  the  Governor. 
Whenever,  during  the  session  at  which  it  was  passed,  any  such 
bill  is  returned  without  the  acceptance  of  the  city  or  cities  to 
which  it  relates,  or  within  such  fifteen  days  is  not  returned,  it 
may  nevertheless  again  be  passed  by  both  branches  of  the  Legis- 
lature, and  it  shall  then  be  subject,  as  are  other  bills,  to  the 
action  of  the  Governor^  In  every  special  city  law  which  has  been 
accepted  by  the  city  or  cities  to  which  it  relates,  the  title  shall 
be  followed  by  the  words  "accepted  by  the  city,"  or  "cities,"  as 
the  case  may  be;  in  every  such  law  which  is  passed  without  such 
acceptance,  by  the  words  "  passed  without  the  acceptance  of  the 
city,"  or  "  cities,"  as  the  case  may  be. 

Section  11  of  article  8  of  the  Constitution  is  hereby  amended 
so  as  to  read  as  follows: 

Sec.  22.    No  county,  city,  town  or  village  shall  hereafter  give 
any  money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of 


CONSTITUTIONAL  CONVENTION.  737 

any  individual,  association  or  corporation,  or  become  directly  or 
indirectly  the  owner  of  stock  in  or  bonds  of  any  association  or 
corporation;  nor  shall  any  such  county,  city,  town  or  village  be 
allowed  to  incur  any  indebtedness  except  for  county,  city,  town 
or  village  purposes.  This  section  shall  not  prevent  such  county, 
city,  town  or  village  from  making  such  provision  for  the  aid  or 
support  of  its  poor  as  may  be  authorized  by  law.  No  county  or 
city  shall  be  allowed  to  become  indebted  for  any  purpose  or  in 
any  manner  to  an  amount  which,  including  existing  indebtedness, 
shall  exceed  ten  per  centum  of  the  assessed  valuation  of  the  real 
estate  of  such  county  or  city  subject  to  taxation,  as  it  appeared  by 
the  assessment-rolls  of  said  county  or  city  on  the  last  assessment 
for  State  or  county  taxes  prior  to  the  incurring  of  such  indebted- 
ness; and  all  indebtedness  in  excess  of  such  limitation,  except 
such  as  may  now  exist,  shall  be  absolutely  void,  except  as  herein 
otherwise  provided.  No  county  or  city  whose  present  indebted- 
ness exceeds  ten  per  centum  of  the  assessed  valuation  of  its  real 
estate  subject  to  taxation,  shall  be  allowed  to  become  indebted 
in  any  further  amount  until  such  indebtedness  shall  be  reduced 
within  such  limit.  Tftis  section  shall  not  be  construed  to  prevent 
the  issuing  of  certificates  of  indebtedness  or  revenue  bonds  issued 
in  anticipation  of  the  collection  of  taxes  for  amounts  actually 
contained,  or  to  be  contained  in  the  taxes  for  the  year  when  such 
certificates  or  revenue  bonds  are  issued  and  payable  out  of  such 
taxes.  Nor  shall  this  section  be  construed  to  prevent  the  issue  of 
bonds  to  provide  for  the  supply  of  water,  but  the  term  of  the 
bonds  issued  to  provide  for  the  supply  of  water  shall  not  exceed 
twenty  years,  and  a  sinking  fund  shall  be  created  on  the  issuing 
of  the  said  bonds  for  their  redemption,  by  raising  annually  a  sum 
which  will  produce  an  amount  equal  to  the  sum  of  the  principal 
and  interest  of  said  bonds  at  their  maturity.  All  certificates  of 
indebtedness  or  revenue  bonds  issued  in  anticipation  of  the  col- 
lection of  taxes,  which  are  not  retired  within  five  years  after 
their  date  of  issue,  and  bonds  issued  to  provide  for  the  supply  of 
water,  and  any  debt  hereafter  incurred  by  any  portion  or  part  of 
a  city  (if  there  shall  be  any  such  debt)  shall  be  included  in  ascer- 
taining the  power  of  the  city  to  become  otherwise  indebted. 
Whenever  hereafter  the  boundaries  of  any  city  shall  become  the 
same  as  those  of  a  county  the  power  of  the  county  to  become 
indebted  shall  cease,  but  the  debt  of  the  county  at  that  time 
existing  shall  not  be  included  as  a  part  of  the  city  debt.  The 
47 


738  JOURNAL  OF  THE 

amount  hereafter  to  be  raised  by  tax  for  county  or  city  purposes, 
in  any  county  containing  a  city  of  over  one  hundred  thousand 
inhabitants,  or  any  such  city  of  this  State,  in  addition  to  pro- 
viding for  the  principal  and  /interest  of  existing  debt,  shall  not, 
in  the  aggregate,  exceed  in  any  one  year  two  per  centum  of  the 
assessed  valuationi  of  jthe  real  and  personal  estate  of  such 
county  or  city,  to  be  ascertained  as  prescribed  in  this  section  in 
respect  to  county  or  city  debt. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof: 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Banks, 
Barhite,  Barnum,  Barrow,  Becker,  Bigelow,  Brown,  E.  A. ;  Brown, 
E.  R.;  Cady,  Carter,  Cassidy,  Church,  Clark,  G%  W.;  Cochran, 
Cookinham,  Corn  well,  Countryman,  Crosby,  Davenport,  Dean, 
Deterling,  Dickey,  Durfee,  Emmet,  Faber,  Floyd,  Foote,  Francis, 
Frank,  Andrew;  Frank,  Augustus;  Fuller,  C.  A.;  Fuller,  O.  A.; 
G-alinger,  Gilbert,  Goodelle,  Hamlin,  Hawley,  Hecker,  Hedges, 
Hill,  Hirschberg,  M.  H.;  Holls,  Jacobs,  Johnson,  I.  Sam; 
Johnson,  J.;  Kellogg,  Kinkel,  Kurth,  Lauterbach,  Lester, 
Lewis,  C.  H.;  Lincoln,  Manley,  Mantanye,  Marshall,  McDonough, 
Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Moore,  Mor- 
ton, Nichols,  W.  H.;  Nostrand,  O'Brien,  Parker,  Parkhurst,  Pash- 
ley,  Phipps,  Pool,  Porter,  Powell,  Putnam,  Redman,  Root,  Spring- 
weiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tur- 
ner, Vedder,  Vog't,  Wellington,  Whitmyer,  Wiggings,  Woodward, 
President  —  93. 

Noes  —  Messrs.  Blake,  Bowers,  Burr,  Bush,  Danforth,  Deady, 
Deyo,  Durnin,  Farrell,  Fitzgerald,  Forbes,  Giegerich,  Groeller, 
Green,  A.  H.;  Green,  J.  I.;  Herzberg,  A.;  Holcomb,  Hotchkiss, 
Hottenroth,  Jenks,  Maybee,  McClure,  McLaughlin,  J.  W.;  Mere- 
ness,  Mulqueen,  Nicoll,  De  L.;  Ohmeis,  Osborn,  Parmenter,  Pea- 
body,  Peck,  Platzek,  Schumaker,  Smith,  Sullivan,  W.;  Tekulsky, 
Titus,  Towns,  Truax,  C.  H.;  Truax,  C.  S.;  Veeder,  Williams  —  42. 

Mr.  C.  B.  McLaughlin  moved  that  the  time  of  this  session  be 
extended  fifteen  minutes. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McLaugh- 
lin, and  it  was  determined  in  the  affirmative. 

Mr.  C.  B.  McLaughlin  then  offered  a  resolution  in  words 
following: 


CONSTITUTIONAL  CONVENTION.  739 

"Resolved,  That  the  consideration  of  proposed  amendments  to 
the  Constitution  be  terminated  with  the  final  disposition  of  the 
bills  heretofore  ordered  to  a  third  reading,  and  that  thereafter 
the  Convention  proceed  to  the  consideration  of  such  matters  as 
are  necessary  for  the  final  close  and  submission  of  the  Convention 
work  to  the  people." 

Mr.  Storms  moved  the  previous  question. 

Mr.  President  put  the  question  on  ordering  the  previous  ques- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McLaughlin, 
and  Mr.  McDonough  and  Mr.  Cochran  were  appointed  tellers,  and 
announced  the  following  vote:  Ayes,  65;  noes,  54,  and  the  motion 
was  declared  carried. 

The  Convention  then  adjourned. 


Friday,   September  21,   1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  R.  H.  Shirley. 

On  motion  of  Mr.  Durnin,  the  reading  of  the  Journal  of  Thurs- 
day, September  twentieth,  was  dispensed  with. 

The  last  Record  appearing  upon  the  files  of  members  to-day  is 
of  date  August  twenty-ninth. 

Mr.  President  presented  a  bill  of  William  H.  Davis  for  the  sub- 
poenaing of  witnesses  on  part  of  contestants  in  the  contested 
election  cases  in  the  Second  district  of  Kings  county. 

Referred  to  the  Committee  on  Contingent  Expenses:  ! 

Mr.  I.  S.  Johnson  moved  to  take  from  the  table  the  resolution 
offered  by  Mr.  McMillan,  in  words  following: 

"Resolved,  That  the  vote  by  which  the  report  of  the  Com- 
mittee of  the  Whole  on  General  Order  No.  64,  relating  to  the  use 
of  money  for  political  purposes,  was  agreed  to  be  reconsidered, 
and  that  the  motion  lay  on  the  table." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  I.  S.  John- 
son, and  Messrs.  McDonough  and  Rogers  were  appointed  tellers, 
and  announced  the  following  vote:  Ayes,  31;  noes,  50,  and  the 
motion  was  declared  lost. 


740  JOURNAL  OF  THE 

Mr.  Cookinham  called  up  the  resolution  previously  offered  by 
him,  in  words  following: 

"Resolved,  That  Harvey  A-  Putnam  and  Thomas  A.  Sullivan 
be  and  they  are  allowed  the  sum  of  $2,313.79,  their  expenses  for 
counsel  fee  and  disbursements  in  their  contest  in  the  Thirtieth 
district  against  Herman  F.  Trapper  and  Charles  Beckwith." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cook- 
inham,  and  it  was  determined  in  the  negative 

The  proposed  constitutional  amendment,  printed  No.  432,  in 
words  following: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Fourteen  of  the  Constitution. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled*  do  propose  as  follows: 

Article  14  of  the  Constitution  is  hereby  amended  by  striking  out 
all  of  said  article  except  the  thirteenth  section,  and  by  amending 
that  section  so  that  the  article  shall  read  as  follows: 

ARTICLE  XIV. 

This  Constitution  shall  be  in  force  from  and  including  the  first 
day  of  January,1  one  thousand  eight  hundred  and  ninety-five, 
except  as  herein  otherwise  provided. 

Being  announced  for  third  reading,  Mr.  Veeder  moved  to 
recommit  said  amendment  to  the  Committee  on  Future  Amend- 
ments, with  instructions  to  report  the  same  forthwith  amended 
as  follows:  After  word  "Constitution,"  secondly  occurring, 
insert  the  words  "if  adopted." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Veeder, 
and  it  was  determined  in  the  negative. 

Said  proposed  constitutional  amendment  was  then  read  the 
third  time  and  passed,  a  majority  of  all  the  Delegates  elected  to 
the  Convention  voting  in  favor  thereof: 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Banks, 
Barnum,  Becker,  Bigelow,  Brown,  E.  A.;  Brown,  E.  R;  Burr,  Cady, 
Campbell,  Carter,  Church,  Cochran,  Coleman,  Cookinham,  Corn- 
well,  Countryman,  Crosby,  Davenport,  Davies,  J.  C.;  Deady,  Dean, 


CONSTITUTIONAL  CONVENTION.  741 

Deyo,  Dickey,  Doty,  Durfee,  Durnin,  Emmet,  Faber,  Farrell, 
Floyd,  Forbes,  Francis,  Frank,  Augustus;  Fraser,  Fuller,  C.  A.; 
Fuller,  O.  A.;  Galinger,  Giegerich,  Gilbert,  Gilleran,  Goeller, 
Goodelle,  Green,  A.  H.;  Hawley,  Hedges,  Herzberg,  A.;  Hill, 
Hirschberg,  M.  H.;  Holls,  Hottenroth,  Jenks,  Johnson,  I.  Sain; 
Johnson,  J.;  Kellogg,  Kurth,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.; 
Lyon,  Manley,  Marshall,  Maybee,  McArthur,  McDonough, 
Mclntyre,  McKinstry,  McLaughlin,  J.  W.;  McMillan,  Mereness, 
Moore,  Morton,  Nichols,  W.  H. ;  Nostrand,  O'Brien,  Parker,  Park- 
hurst,  Pashley,  Phipps,  Platzek,  Putnam,  Redman,  Roche,  Rogers, 
Spencer,  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts,  Truax, 
C.  H.;  Truax,  C.  S.;  Tucker,  Turner,  Vedder,  Vogt,  Wellington, 
Whitmyer,  Wiggins,  Williams,  Woodward,  President  — 105. 
.Noes  —  Messrs.  Holcomb,  Schumaker,  Titus,  Veeder  —  4. 

The  proposed  constitutional  amendment,  printed  No.  393,  in 
words  following  : 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To   Amend   the  Constitution   Relative  to   Civil    Service   of  the 

State  and  Cities. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

Article  8  of  the  Constitution  is  hereby  amended  by  adding  a 
new  section  to  read  as  follows- 

Appointments  and  promotions  in  the  civil  service  of  the  State, 
and  of  cities,  shall  be  made  according  to  merit  arid  litriess  to  be 
ascertained,  so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive. 

Laws  shall  be  made  to  provide  for  the  enforcement  of  this 
section. 

Honorably  discharged  Union  soldiers  and  sailors,  who  are  not 
otherwise  disqualified  for  such  appointment  or  promotion,  shall  be 
exempt  from  the  provisions  of  this  section. 

Being  announced  for  third  reading,  Mr.  Hotchkiss  moved  to 
recommit  said  amendment  to  the  Committee  on  Civil  Service, 
with  instructions  to  report  the  same  forthwith,  amended  as  fol- 
lows: Strike  out  the  words  "who  are  not  otherwise  disqualified 
for  such  appointment  or  promotion."  ' 


742  JOURNAL  OF  THE 

Mr.  Tibbetts  moved  to  further  instruct  said  committee  to  amend 
as  follows:  Strike  out  last  sentence  of  the  section  and  insert  in 
lieu  thereof  the  following: 

"Honorably  discharged  Union  soldiers  and  sailors  of  the  late 
civil  war  who  are  residents  of  this  State  shall  be  entitled  to  pref- 
erence in  such  appointments  and  promotions,  and  shall  be  exempt 
from  such  examinations/'  1 

Mr.  Countryman  moved  to  further  instruct  said  committee  to 
"  strike  out  the  last  sentence  of  the  section." 

Mr.  Mclntyre  moved  to  further  instruct  said  committee  to 
amend  as  follows :  Amend  lines  9,  10  and  11  so  as  to  read  thus : 

"Honorably  discharged  Union  soldiers  and  sailors  who  served 
in  the  late  civil  war,  and  who  are  not  otherwise  disqualified  for 
such  appointment  or  promotion,  shall  be  exempt  from  the  pro- 
visions of  said  competitive  examination." 

Mr.  De  1».  Nicoll  moved  to  further  instruct  said  committee  to 
amend  as  follows:  Strike  out  lines  3  and  4  and  substitute  as 
follows :  < 

"Appointments  and  promotions  in  the  civil  service  of  the  State 
and  of  all  the  civil  divisions  thereof,  including  cities  and  villages." 

Mr.  Peck  moved  to  further  instruct  said  committee  to  amend 
as  follows:  On  line  9,  page  1,  after  word  "sailors"  insert  "citi- 
zens and  residents  of  this  State."  ' 

Mr.  Durfee  moved  to  further  instruct  said  committee  to  amend 
as  follows: 

Strike  out,  in  lines  9  and  10,  the  words  "who  are  not  other- 
wise disqualified  for  such  appointment  or  promotion."  Also  the 
words  "provisions  of"  in  line  11,  and  insert  "examinations 
required  by."  So  that  the  paragraph  will  read : 

"Honorably  discharged  Union  soldiers  and  sailors  of  the  late 
civil  war  shall  be  exempt  from  the  examinations  required  by 
this  section." 

Mr.  Morton  moved  to  amend  the  motion  of  Mr.  Durfee  by  add- 
ing at  the  end  thereof  the  following:  "And  shall  be  eligible  for 
such  appointment  or  promotion  without  such  examination." 

Mr.  Cochran  moved  to  instruct  said  committee  to  further 
amend  as  follows:  Strike  out  lines  9,  10  and  11  and  insert: 


CONSTITUTIONAL  CONVENTION.  743 

"Provided,  however,  that  honorably  discharged  soldiers  and 
sailors  from  the  army  and  navy  of  the  United  States  in  the  late 
civil  war,  who  are  citizens  and  residents  of  this  State,  shall  be 
entitled  to  preference  in  appointment  and  promotion,  without 
regard  to  their  standing  on  any  list  from  which  such  appoint- 
ment or  promotion  may  be  made."  ' 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Nicoll, 
and  Messrs.  Holls  and  Countryman  were  appointed  tellers,  and 
announced  the  following  vote:  Ayes,  61;  noes,  36.  And  the 
motion  was  declared  carried. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Country- 
man, and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cochran, 
and  Messrs.  Holls  and  Countryman  were  appointed  tellers,  and 
announced  the  following  vote:  Ayes,  59;  noes,  24.  And  the 
motion  was  declared  carried. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Peck,  and 
it  was  determined  in  the  affirmative. 

Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

Said  proposed  constitutional  amendment,  printed  No.  393,  as 

amended,  in  words  following  : 

* 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To   Amend  the  Constitution   Relative  to  Civil    Service  of  the 

State  and  Cities. 

T 'he  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled^  do  propose  as  follows  : 

Article  8  of  the  constitution  is  hereby  amended  by  adding  a 
new  section  to  read  as  follows:  ^ 

Appointments  and  promotions  in  the  civil  service  of  the  State, 
and  of  all  the  civil  divisions  thereof,  including  cities  and  villages, 
shall  be  made  according  to  merit  and  fitnes®  to  be  ascertained, 
so  far  as  practicable,  by  examinations,  which,  so  far  as  prac- 
ticable, shall  be  competitive.  Provided,  however,  that  honorably 
discharged  soldiers  and  sailors  from  the  army  and  navy  of  the 
United  States  in  the  late  civil  war,  who  are  citizens  and  residents 
of  this  State,  shall  be  entitled  to  preference  in  appointment  and 


*  M  JOURNAL  OF  THE 

promotion,  without  regard  to  their  standing  on  any  list  from 
which  such  appointment  or  promotion  may  be  made. 

Laws  shall  be  made  to  provide  for  the  enforcement  of  this 
section. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  mem- 
bers elected  to  the  Convention  voting  in  favor  thereof,  as  follows: 

Ayes  —  Messrs.  Acker,  Arnold,  Baker,  Banks,  Barhite,  Bar- 
num,  Becker,  Bigelow,  Blake,  Bowers,  Brown,  E.  A.;  Brown, 
E.  R.;  Burr,  Cady,  Campbell,  Carter,  Clark,  G.  W.;  Coleman,  Cook- 
inhana,  Cornwell,  Davenport,  Davies,  J.  C.;  Deady,  Deyo,  Dickey, 
Doty,  Durfee,  Fitzgerald,  Floyd,  Foote,  Francis,  Frank,  Augustus; 
Eraser,  Fuller,  C.  A.;  Galinger,  Gibney,  Gilbert,  Gilleran,  Goeller, 
Goodelle,  Green,  J.  I.;  Hamlin,  Hedges,  Herzberg,  A.;  Hill, 
Hirschberg,  M.  H. ;  Holcomb,  Holls,  Hotchkiss^  Hottenroth,  Jenks, 
Johnson,  I.  Sam;  Kellogg,  Kinkel,  Kurth,  Lauterbach,  Lewis, 
M.  E.;  Marks,  Marshall,  McClure,  McKinstry,  McLaughlin,  J.  W.; 
McMillan,  Meyenborg,  Morton,  Mulqueen,  Nichols,  W.  H.;  Nicoll, 
De  L.;  Nostrand,  Ohmeis,  Parker,  Parmenter,  Platzek,  Porter, 
Powell,  Putnam,  Roche,  Rogers,  Root,  Schumaker,  Smith,  Spring- 
weiler,  Steele,  A.  B. ;  Steele,  W.  H. ;  Storm,  Sullivan,  W. ;  Tekulsky, 
Tibbetts,  Titus,  Truax,  C.  H.;  Truax,  C.  S.;  Veeder,  Wellington, 
Whitmyer,  Williams,  Woodward,  President  —  97. 

Noes — -Messrs.  Abbott,  Ackeiiy,  Alvord,  Barrow,  Cassidy, 
Chipp,  Jr.;  Church,  Cochran,  Countryman,  Crosby,  Danforth, 
Dean,  Deterling,  Durnin,  Emmet,  Faber,  Farrell,  Frank,  Andrew ; 
Fuller,  O.  A. ;  Green,  A.  H. ;  Hawley,  Hecker,  Jacobs,  Johnson,  J. ; 
Lester,  Lewis,  C.  H.;  Lincoln,  Lyon,  Manley,  Mantanye,  Maybee, 
Me  Arthur,  McCurdy,  McDonough,  Mclntyre,  McLaughlin,  C.  B.; 
Mereness,  Moore,  O'Brien,  Parkhurst,  Pashley,  Peabody,  Peck, 
Phipps,  Pool,  Sandford,  Spencer,  Sullivan,  T.  A.;  Towns,  Tucker, 
Turner,  Vedder,  Vogt,  Wiggins  —  54. 

The  proposed  constitutional  amendment,  printed  No.  417,  in 
words  following: 


CONSTITUTIONAL  CONVENTION.  745 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  Seven  of  Article  One  of  the  Constitution,  so  as 
to  include  therein  the  right  to  construct  and  Maintain  Neces- 
sary Drains  and  Ditches  for  Agricultural  Purposes  Across  the 
Lands  of  Others.  , 

T  lie  Delegates  oj  the  People  of  the  State  of  New    York,,  iv 
Convention   assembled,  do  propose  as  follows  : 
Section  7  of  article  1  of  the  Constitution  is  hereby  amended  so 

as  to  read  as  follows: 

i 

Sec.  7.  When  private  property  shall  be  taken  for  any  public 
use  the  compensation  to  be  made  therefor,  when  such  compensa- 
tion is  not  made  by  the  State,  shall  be  ascertained  by  a  jury  or 
by  not  less  than  three  commissioners  appointed  by  a  court  of 
record,  as  shall  be  prescribed  by  law.  Private  roads  may  be 
opened  in  the  manner  to  be  prescribed  by  law ;  but  in  every  case 
the  necessity  of  the  road  and  the  amount  of  all  damage 
to  be  sustained  by  the  opening  thereof  shall  be  determined  by  a 
jury  of  freeholders,  and  such  amount,  together  with  the  expenses 
of  the  proceeding,  shall  be  paid  by  the  person  to  be  benefited. 

General  laws  may  be  passed  permitting  the  owners  or  occu- 
pants of  lands  to  construct  and  maintain  necessary  drains  and 
ditches  for  agricultural  purposes,  across  the  lands  of  others, 
under  proper  restrictions  and  with  just  compensation,  but  no 
special  laws  shall  be  enacted  for  such  purposes. 

Being  announced  for  third  reading,  Mr.  E.  E.  Brown  moved  to 
recommit  said  amendment  to  the  Committee  on  Preamble,  with 
instructions  to  report  the  same  forthwith,  amended  as  follows: 

In  line  4,  page  2,  before  the  word  "lands,"  insert  "agricul- 
tural ; "  and  in  the  same  line,  before  the  word  "  necessary,"  insert 
"  for  the  drainage  thereof; "  and  in  the  same  line  strike  out  "and  " 
at  the  end  thereof;  also,  in  line  5,  strike  out  the  words  "for  agri- 
cultural purposes  across,"  and  insert  "  and  dikes  upon." 

Mr.  A.  H.  Green  moved  to  further  instruct  said  committee  to 
amend  as  follows: 

Strike  out  in  page  1,  line  7,  the  words  "as  shall  be  prescribed 
by  law,"  and  insert  the  words  "  or  by  a  jury  at  the  option  of  the 
person  whose  property  is  taken,  which  compensation,  together 
with  the  expenses  of  the  proceeding,  shall  be  paid  before  the 
property  is  taken." 


740  JOURNAL  OF  THE 

Mr.  Hottenroth  moved  to  further  instruct  said  committee  to 
amend  said  proposed  constitutional  amendment  as  follows: 

In  line  7,  page  1,  insert  after  the  word  "  record  "  the  words  "  at 
least  one  of  whom  shall  be  selected  by  the  property  owner." 

Mr.  Hottenroth  also  moved  to  further  instruct  said  committee 
to  amend  as  follows: 

Add  the  following  paragraphs: 

When  private  property  shall  be  taken  for  public  use,  or  the  con- 
struction of  drains,  the  compensation  and  damages  shall  be  first 
paid,  unless  the  court  having  jurisdiction  of  the  proceeding  shall, 
upon  a  hearing  of  the  parties  interested,  deem  immediate  acqui- 
sition necessary.  If  the  necessity  is  established  to  the  satisfac- 
tion of  the  court,  it  shall  thereupon  grant  to  the  owner  such 
immediate  or  partial  relief  as  justice  requires. 

Notice  of  all  proceedings  shall  be  given  to  the  owners  in  the 
manner  prescribed  for  the  service  of  process  in  the  supreme  court 
of  this  State.  l 

Pending  the  question,  the  hour  of  one  o'clock  having  arrived, 
the  Convention  took  a  recess  until  three  o'clock. 


AFTERNOON  SESSION. 

{  Three  o'clock  P.  M. 

The  Convention  again  met. 

Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

Mr.  President  directed  the  Secretary  to  call  the  roll  to  ascertain 
the  presence  of  a  quorum,  when  the  following  Delegates  answered 
to  the  call  of  their  names: 

Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Banks,  Bigelow, 
Blake,  Bowers,  Burr,  Bush,  Campbell,  Carter,  Chipp,  Jr.,  Church, 
Cochran,  Coleman,  Cookinham,  Countryman,  Davenport,  Deady, 
Dean,  Deyo,  Dickey,  Doty,  Durnin,  Emmet,  Faber,  Farrell,  Floyd, 
Foote,  Forbes,  Francis,  Frank,  Andrew;  Fuller,  C.  A.;  Fuller, 
O.  A.;  Galinger,  Gilbert,  Gilleran,  Goeller,  Goodelle,  Green,  A.  H.; 
Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Hot- 
tenroth, Johnson,  I.  Sam;  Kimmey,  Lewis,  C.  H.;  Lincoln,  Marks, 
Marshall,  Maybee,  McClure,  McCurdy,  Mclntyre,  McKinstry, 
McMillan,  Mereness,  Moore,  Morton,  Mulqueen,  Nichols,  W.  H.; 


CONSTITUTIONAL  CONVENTION.  747 

Nicoll,  De  L.;  Nostrand,  O'Brien,  Ohmeis,  Parker,  Parkhurst, 
Parmenter,  Peabody,  Peck,  Platzek,  Pool,  Porter,  Redman,  Roche, 
Rogers,  Root,  Sandford,  Schumaker,  Spencer,  Springweiler, 
Steele,  A.  B.;  Steele,  W.  H.;  Storm,  SuUivan,  T.  A.;  Tekulsky, 
Titus,  Truax,  C.  H.;  Tucker,  Turner,  Vedder,  Veeder,  Vogt,  Wel- 
lington, Whitmyer,  Wiggins,  Williams,  President 

Mr.  President  stated  the  pending  question  at  the  hour  of 
adjournment  to  be  the  consideration  of  the  amendments  offered 
to  the  proposed  constitutional  amendment,  printed  No.  417, 
relating  to  the  maintaining  drains  and  ditches  for  agricultural 
purposes  across  the  lands  of  others. 

Mr.  Peck  moved  to  further  instruct  said  committee  to  amend 
said  proposed  constitutional  amendment  as  follows: 

At  end  of  section  add:  ' 

"  The  necessary  use  of  lands  for  the  construction  and  operation 
of  works  serving  to  retain,  exclude  or  convey  water  for  agricul- 
tural, mining,  manufacturing  or  sanitary  purposes,  is  hereby 
declared  to  be  a  public  use." 

Mr.  Marks  moved  to  further  instruct  said  committee  to  amend 
as  follows: 

"  Sec.  7.  When  private  property  shall  be  taken  for  any  public 
use,  the  compensation  to  be  made  therefor,  when  such  compensa- 
tion is  not  made  by  the  State,  shall  be  ascertained  by  a  jury, 
when  required  by  the  owner  of  the  property  and  if  not  so 
required,  such  compensation  shall  be  ascertained  by  not  less 
than  three  commissioners  appointed  by  a  court  of  record  as  shall 
be  prescribed  by  law. 

"  But  the  compensation  to  be  made  for  property  taken  for  any 
public  use  by  any  civil  division  of  the  State,  shall  be  ascertained 
by  a  jury  or  by  not  less  than  three  commissioners  appointed  by 
a  court  of  record  as  shall  be  prescribed  by  law. 

"  Private  roads  may  be  opened  in  the  manner  to  be  prescribed 
by  law;  but  in  every  case  the  necessity  of  the  road  and  the 
amount  of  all  damage  to  be  sustained  by  the  opening  shall  be 
first  determined  by  a  jury  of  freeholders,  and  such  amount, 
together  with  the  expense  of  the  proceeding,  shall  be  paid  by  the 
person  to  be  benefited." 

By  unanimous  consent,  on  motion  of  Mr.  Foote,  the  word 
"first"  was  inserted  before  the  word  "determined"  on  line  10, 
page  1.  ,  | 


748  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  motion  of  Mr.  A.  H. 
Green,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  first  motion  of  Mr.  Hot- 
tenroth,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  E.  R. 
Brown,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  second  motion  of 
Mr.  Hottenroth,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Marks, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Peck,  and 
it  was  determined  in  the  negative. 

Said  proposed  constitutional  amendment,  printed  No.  417,  as 
amended,  in  words  following: 

PROPOSED  CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  Seven  of  Article  One  of  the  Constitution,  so 
as  to  Include  Therein  the  Right  to  Construct  and  Maintain 
Necessary  Drains  and  Ditches  for  Agricultural  Purposes  Across 
Lands  of  Others. 

T  he  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled ',  do  propose  as  follows  : 

Section  7  of  article  1  of  the  Constitution  is  hereby  amended  so 
as  to  read  as  follows: 

Sec.  7.  When  private  property  shall  be  taken  for  any  public 
use  the  compensation  to  be  made  therefor,  when  such  compensa- 
tion is  not  made  by  the  State,  shall  be  ascertained  by  a  jury  or 
by  not  less  than  three  commissioners  appointed  by  a  court  of 
record,  as  shall  be  prescribed  by  law.  Private  roads  may  be 
opened  in  the  manner  to  be  prescribed  by  law ;  but  in  every  case 
the  necessity  of  the  road  and  the  amount  of  all  damage  to  be 
sustained  by  the  opening  thereof  shall  be  first  determined  by  a 
jury  of  freeholders,  and  such  amount,  together  with  the  expenses 
of  the  proceeding,  shall  be  paid  by  the  person  to  be  benefited. 
General  laws  may  be  passed  permitting  the  owners  or  occupants 
of  agricultural  lands  to  construct  and  maintain,  for  the  drainage 
thereof,  necessary  drains,  ditches  and  dikes  upon  the  lands  of 
others,  under  proper  restrictions  and  with  just  compensation, 
but  no  special  laws  shall  be  enacted  for  such  purposes. 


CONSTITUTIONAL  CONVENTION.  749 

Was  then  read  the  third  time  and  passed,  a  majority  of  all  the 
Delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Banks, 
Barhite,  Barnum,  Bigelow,  Blake,  Brown,  E.  E.;  Burr,  Cady,  Car- 
ter, Cassidy,  Church,  Clark,  G.  W.;  Cochran,  Cookinham,  Corn- 
well,  Countryman,  Crosby,  Davenport,  Deady,  Deterling,  Deyo, 
Dickey,  Durfee,  Emmet,  Faber,  Farrell,  Floyd,  Foote,  Forbes, 
Francis,  Frank,  Augustus;  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger, 
G-ibney,  Giegerich,  Gilbert,  Gilleran,  Goeller,  Goodelle,  Green, 
A.  H.;  Hamlin,  Hawley,  Hedges,  Herzberg,  A.;  Hill,  Holls,  Hotch- 
kiss,  Jacobs,  Johnson,  J.;  Kellogg,  Kimmey,  Kinkel,  Lauterbaeh, 
Lester,  Lewis,  C.  H.;  Lyon,  Mantanye,  Marshall,  Maybee, 
McArthur,  McDonough,  Mclntyre,  McKinstry,  McLaugliliu,  C.  !>.; 
McMillan,  Mereness,  Moore,  Morton,  Mulqueen,  Nichols,  \Y.  H.; 
Nicoll,  De  L.;  O'Brien,  Parker,  Parkhurst,  Parmenter,  Peck, 
Platzek,  Pool,  Powell,  Putnam,  Rogers,  Boot,  Sandford,  Schu- 
maker,  Spencer,  Springweiler,  Steele,  A.  B. ;  Steele,  W.  H. ;  Storm, 
Sullivan,  T.  A.;  Sullivan,  W.;  Tekulsky,  Truax,  C.  H.;  Vedder, 
Vogt,  Wellington,  Williams,  Woodward,  President  — 105. 

Noes  —  Messrs.  Barrow,  Bowers,  Campbell,  Chipp,  Jr.,  Dean, 
Doty,  Green,  J.  I.;  Hottenroth,  Johnson,  I.  Sam;  Manley, 
Marks,  McCurdy,  Meyenborg,  Peabody,  Titus,  Tucker,  Veeder, 
Wiggins  — 18. 

Mr.  Deady  offered  a  resolution  in  words  following: 

Whereas,  The  Committee  on  Privileges  and  Elections  and  the 
Committee  on  Contingent  Expenses  have  reported  that  the  claim 
of  Delegates  Harvey  W.  Putnam  and  Thomas  A.  Sullivan,  for 
expenses  and  counsel  fee  in  their  contest  for  the  seats  awarded 
to  them  in  this  Convention,  is  a  just  and  reasonable  one ;  and 

Whereas,  It  is  the  sense  of  this  Convention  that  said  claim 
should  be  paid;  and 

Whereas,  The  Convention  questions  its  power  to  make  an 
appropriation  to  pay  said  claim  out  of  the  present  fund  appro- 
priated to  the  use  of  this '  Convention. 

Resolved,  That  the  matter  be  respectfully  referred  to  the  Legis- 
lature of  the  State,  with  the  recommendation  that  it  provide  for 
the  payment  of  said  claim. 

Mr.  President  put  the  question  on  the  resolution  of  Mr.  Deady, 
and  it  was  determined  in  the  affirmative. 


750  JOURNAL  OF  THE 

Mr.  Lyon,  from  the  Committee  on  Contingent  Expenses, 
reported  as  follows  : 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  annexed  claim  of  Edward  M.  Seacord,  a  messenger  of  the 
Convention,  for  additional  compensation  of  three  dollars  per  day 
from  May  23,  1894,  on  account  of  services  performed  by  him  in 
clerical  work  as  committee  clerk. 

Would  respectfully  report,  that  in  the  opinion  of  three  of  the 
members  of  said  committee,  Messrs.  Faber,  Green  and  Tekulsky, 
the  charge  is  reasonable  and  proper  and  should  be  allowed 
and  paid  by  the  Convention;  and  that  in  the  opinion  of  four  of 
the  members  of  said  committee,  Messrs.  Brown,  Whitmyer,  Pash- 
ley  and  Lyon,  the  said  charge  is  not  a  proper  charge,  and  that 
the  Convention  has  not  the  power  to  allow  or  pay  said  claim. 

GEOKGE   F.   LYON, 
!  Chairman. 

Mr.  Goodelle  offered  a  resolution  in  words  following  : 

Whereas,  Mr.  Edward  M.  Seacord,  of  Cortland,  was  appointed 
a  messenger  and  has  only  received  pay  as  such,  but  by  reason 
of  the  lack  of  sufficient  clerical  force  and  the  necessity  for  the 
aid  of  additional  clerks  to  make  the  work  of  committees  and  of 
the  Convention  effective,  he  has  been  ordered  to  act  as  clerk,  and 
he  has  acted  as  such  from  May  23,  1894,  and  has  been  an  efficient 
and  faithful  clerk,  performing  with  marked  ability  all  additional 
service  put  upon  him; 

Resolved,  That  as  one  of  the  necessary  expenses  of  the  Con- 
vention, he  be  paid  for  his  additional  service  and  responsibility, 
the  further  sum  of  three  dollars  per  day  for  the  services  from 
May  23,  1894,  making  his  pay  the  same  as  that  of  other  clerks, 
and  the  payment  thereof  is  hereby  directed,  authorized  and 
directed  to  be  made  out  of  the  fund  appropriated  for  the  expenses 
of  this  Convention. 

Referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  Goodelle  moved  to  lay  the  report  on  the  table., 
Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

Mr.  Lyon,  from  the  Committee  on  Contingent  expenses,  also 
reported  as  follows  : 


CONSTITUTIONAL  CONVENTION.  751 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  annexed  claim  of  Albert  B.  Crumb,  a  messenger  of  the  Con- 
vention, for  additional  compensation  of  three  dollars  per  day 
from  May  21,  1894,  amounting  to  the  sum  of  |351,  on  account 
of  services  performed  by  him  in  the  Convention  post-office,  would 
respectfully  report  : 

That  in  the  opinion  of  three  of  the  members  of  said  committee, 
Messrs.  Faber,  Green  and  Tekulsky,  the  charge  is  reasonable 
and  proper,  and  should  be  allowed  and  paid  by  the  Convention; 
and  that  in  the  opinion  of  four  of  the  members  of  said  committee, 
Messrs.  Brown,  Whitmyer,  Pashley  and  Lyon,  the  said  charge  is 
not  a  proper  charge,  and  that  the  Convention  has  not  the  power 
to  allow  or  pay  said  claim. 

GEORGE  F.  LYON, 

Chairman. 

The  People  of  the  State  of  New  York,  to  Albert  B.  Crumb,  Dr. 
To  extra  services  rendered  by  him  as  assistant  post- 
master of  the  Constitutional  Convention,  in  addition 
to  his  duties  as  messenger,  from  May  21,  1894,  to 
September  15,  1894,  inclusive,  being  in  all,  one  hun- 
dred and  seventeen  days,  at  |3  per  day,  amount- 
ing to |351  00 


Mr.  A.  B.  Steele  offered  a  resolution  in  words  following  : 
Whereas,  Albert  B.  Crumb,  one  of  the  messengers  at  this  Con- 
vention, has  continuously  acted  as  assistant  postmaster  since 
May  twenty-first.    Now,  therefore,  it  is  hereby 

Eesolved,  That  an  additional  sum  of  three  dollars  per  day  be 
allowed  and  paid  to  said  Crumb  for  his  services  as  assistant 
postmaster. 

Referred  to  the  Committee  on  Contingent  Expenses. 

Mr.  A.  B.  Steele  moved  to  lay  said  report  on  the  table. 
Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

Mr.  Lyon,  from  the  Committee  on  Contingent  Expenses,  also 
reported  as  follows  : 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  annexed  claim  of  James  W.  Biggs,  Eugene  A.  Curran,  George 
W.  Roderick,  Wm.  M.  Mullen  and  Thomas  W.  Fitzgerald,  in  the 


752  JOURNAL  OF  THE 

matter  of  the  .contest  in  the  Sixth  Senatorial  district,  being  for 
the  sum  of  |3,000  counsel  fee  and  $100  disbursements,  would 
respectfully  report : 

That  in  the  opinion  of  three  members  of  said  committee,  Messrs. 
Faber,  Green  and  Tekulskj,  said  claim  is  fair  and  reasonable  to 
the  amount  of  $1,500  of  counsel  fee  and  $1.00  costs  and  disburse- 
ments; and  that,  in  the  opinion  of  three  members  of  said  com- 
mittee, Messrs.  Brown,  Whitmyer  and  Lyon,  said  claim  is  fair 
and  reasonable  to  the  amount  of  $1,000  and  $100  costs  and  dis- 
bursements; that  Mr.  Pashley,  of  the  committee,  was  one  of  the 
contestees,  and,  at  his  request,  was  excused  from  voting. 

GEORGE  F.   LYON, 

Chairman. 


Brooklyn,  September  1,  1894. 

James  W.  Riggs,  Eugene  A.  Curran,  George  W.  Roderick,  William 
M.  Mullen,  Thomas  W.  Fitzgerald  to  James  A.  Taylor  and 
George  W.  Glendenning,  Dr. 


IN  THE  MATTER 

OF  THE 

CONTEST  FOR  THE  SEATS  OF  THE  DISTRICT! 
DELEGATES  TO  THE  CONSTITUTIONAL/ 
CONVENTION  FROM  THE  SIXTH  SENA- I 
TORIAL  DISTRICT  OF  THE  STATE  OF 
YORK. 


SERVICES. 

To  professional  services  as  attorneys  and  counsel  for 
the  above  named,  as  contestees  in  the  above-entitled 
matter,  from  November  7,  1893,  to  July  10,  1894,  as 
shown  by  and  specified  in  Convention  document  No. 
28,  and  for  the  preparation  of  brief  and  argument 
upon  the  matter  before  the  Committee  of  Privileges 
and  Election,  at  the  city  of  Albany,  on  said  10th  day 
of  July,  1894 $3,000  00 

DISBURSEMENTS. 

Paid  Argus  Publishing  Co.,  of  Albany,  for  printing 
brief  of  contestees $100 


$3,100  00 


CONSTITUTIONAL  CONVENTION.  753 

State  of  New  York,  city  and  county  of  Albany,  ss. : 

Eugene  A.  Curran,  being  duly  sworn,  says  that  the  foregoing 
bill  of  account  is  true  in  all  respects;  that  the  services  therein 
charged  for  were  actually  and  necessarily  rendered;  that  the 
disbursements  therein  charged  for  were  actually  paid  and  neces- 
sarily incurred,  and  that  there  are  no  offsets  or  counter-claims 
thereto;  and  that  no  part  of  said  claim  has  been  yet  paid  by  said 
contestees  to  said  claimants  for  the  services  aforesaid. 

EUGENE  A.  CUEEAN. 

Sworn  to  before  me  this  14th  day  of  September,  1894. 

JOHN  T.  McDONOUGH, 
Notary  Public,  in  and  for  Albany  County. 

Mr.  Dean  moved  that  said  report  lay  on  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

Mr.  Lyon,  from  the  Committee  on  Contingent  Expenses,  also 
reported  as  follows  : 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  annexed  claims  of  William  H.  Davis,  William  M.  Winans  and 
Albert  Winterson,  for  services  and  disbursements,  in  connection 
with  procuring  witnesses  before  the  Committee  on  Privileges  and 
Elections,  in  the  Second  district  contest,  would  respectfully 
report : 

That  said  claims  are  presented  on  behalf  of  the  unsuccessful 
contestants  in  said  contest,  and  ought  not,  in  the  opinion  of  the 
committee,  to  be  allowed. 

GEORGE  F.  LYON, 

Chairman. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

By  vote  of  the  Convention,  the  following  gentleman  was 
excused  from  attendance:  Mr.  C.  H.  Truax,  this  evening  and 
Saturday,  September  twenty-second. 

Mr.  C.  B.  McLaughlin  moved  to  reconsider  the  vote  on  the 
resolution  offered  by  him  last  evening,  relating  to  the  disposition 
of  business  before  the  Convention, 

4:8 


754  JOURNAL  OF  fHE 

Mr.  President  put  the  question  on  said  motion,  and  it  was 
determined  in  the  affirmative. 

Mr.  0.  B.  McLaughlin  then  offered  the  following  as  a  substitute: 
Resolved,  That  the  Convention  consider  and  dispose  of  all  the 
proposed  constitutional  amendments  now  on  the  order  of  third 
reading,  and  also  General  Orders  Nos.  48  and  73,  and  that  no 
other  proposed  constitutional  amendments  be  considered,  and 
that  the  Committee  on  Rules  be  instructed  forthwith,  to  report 
a  rule  limiting  the  time  of  debate  to  thirty  minutes  each,  to  such 
amendments  in  the  Committee  of  the  Whole;  also  abolishing  the 
rule  permitting  a  Delegate  to  explain  his  vote;  and  that  such 
business  be  disposed  of  before  adjournment  on  Saturday,  Sep- 
tember twenty-second;  and  that  a  session  of  the  Convention  be 
held  on  Saturday  evening,  if  necessary;  and  that  the  Convention 
adjourn  sine  die,  as  soon  thereafter  as  the  amended  Constitution 
can  be  engrossed  and  prepared  for  submission  to  the  people. 

Mr.  Burr  moved  to  amend  by  adding  thereto  General  Order  No. 
27,  printed  No.  395,  relating  to  "  trusts  or  combinations." 

Mr.  Parkhurst  moved  the  previous  question. 

Mr.  President  put  the  question  on  ordering  the  previous  ques- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  Veeder  called  for  the  ayes  and  nays  on  the  motion  of  Mr. 
Burr,  and  the  President  ruled  that  under  the  rules  the  ayes  and 
noes  could  not  be  called  on  that  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Burr, 
and  Messrs.  McDonough  and  Cochran  were  appointed  tellers,  and 
announced  the  following  vote:  Ayes,  48;  noes,  67,  and  the  motion 
was  declared  lost. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  C.  B. 
McLaughlin,  and  it  was  determined  in  the  affirmative. 

Mr.  Mul queen  moved  that  the  session  be  extended  until  six 
o'clock.  i 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mulqueen, 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Cookinham,  the  Convention  proceeded  in  the 
Committee  of  the  Whole,  to  the  consideration  of  General  Order 
No,  48,  printed  No.  425,  "  relating  to  the  suppression  of  gambling." 


CONSTITUTIONAL  CONVENTION.  755 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  Mr.  E.  A.  Brown,  from  said 
committee,  reported  in  words  following  : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  425,  entitled 
"  Proposed  constitutional  amendment  to  amend  section  10,  article 
1  of  the  Constitution,  in  relation  to  the  suppression  of  gambling," 
have  gone  through  with  the  same,  have  made  no  amendment 
thereto,  and  instructed  the  chairman  to  report  the  same  to  the 
Convention,  and  recommend  its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

And  said  amendment  was  referred  to  the  Committee  on  Revis- 
ion and  Engrossment,  and  ordered  to  a  third  reading. 

On  motion  of  Mr.  Hedges,  the  Convention  proceeded  in  Com- 
mittee of  the  Whole,  to  the  consideration  of  the  proposed  con- 
stitutional amendment,  General  Order  73,  printed  No.  455,  "  relat- 
ing to  the  militia." 

The  Convention  then  proceeded  in  Committee  of  the  Whole, 
and,  after  some  time  spent  therein,  Mr.  Hotchkiss,  from  said 
committee,  reported  in  words  following  : 

The  Committee  of  the  Whole  have  had  under  consideration  the 
proposed  constitutional  amendment,  printed  No.  453,  entitled 
"  Proposed  constitutional  amendment  to  amend  article  11  of  the 
Constitution,  relating  to  the  militia,"  have  gone  through  with 
the  same,  have  made  an  amendment  thereto,  and  instructed  the 
chairman  to  report  the  same  to  the  Convention,  and  recommend 
its  passage. 

Mr.  President  put  the  question  on  the  adoption  of  said  report, 
and  it  was  determined  in  the  affirmative. 

And  said  amendment  was  referred  to  the  Committee  on  Revis- 
ion and  Engrossment,  and  ordered  to  a  third  reading. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Committee  on  Preamble  and  Bill  of  Rights,  intro- 
ductory No.  384,  reported  by  the  Committee  on  Preamble  and 
Bill  of  Rights,  and  by  the  Committee  of  the  Whole,  entitled 
"Proposed  constitutional  amendment  to  amend  section  10  of 
article  1  of  the  Constitution,  in  relation  to  the  suppression  of 


756  JOURNAL  OF  THE 

gambling,"  reports  the  same  as  examined  and  corrected  and  as 
correctly  engrossed. 

On  motion  of  Mr.  Marshall,  at  5.47  the  Convention  took  a 
recess  until  eight  o'clock. 


EVENING  SESSION. 

Eight  o'clock  P.  M. 
The  Convention  again  met. 

Second  Vice-President,  Mr.  W.  H.  Steele,  in  the  chair. 

The  President  directed  the  Secretary  to  call  the  roll  to  ascer- 
tain the  presence  of  a  quorum,  when  the  following  Delegates 
answered  to  the  call  of  their  names  : 

Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Barhite,  Bar- 
num,  Becker,  Bigelow,  Bowers,  Brown,  E.  A.;  Bush,  Carter, 
Church,  Cochran,  Coleman,  Cookinham,  Cornwell,  Crosby,  Daven- 
port, Davies,  J.  C.;  Davis,  G.  A.;  Deady,  Dean,  Deterling,  Deyo, 
Dickey,  Doty,  Durfee,  Emmet,  Faber,  Foote,  Forbes,  Francis, 
Frank,  Andrew;  Fraser,  Fuller,  C.  A.;  Galinger,  Gibney,  Gieg- 
erich,  Goodelle,  Green,  A.  H.;  Hamlin,  Hawley,  Hedges,  Hill, 
Holls,  Johnson,  I.  Sam;  Johnson,  J.;  Kinkel,  Kurth,  Lester, 
Lewis,  C.  H.;  Lewis,  M.  E.;  Lyon,  Manley,  Mantanye,  Marshall, 
Maybee,  McLaughlin,  C.  B.;  McMillan,  Mereness,  Moore,  Morton, 
Nichols,  W.  H.;  Nicoll,  DeL.;  Nostrand,  Ohmeis,  Osborn,  Parker, 
Parkhurst,  Parmenter,  Pashley,  Peabody,  Peck,  Phipps,  Platzek, 
Pool,  Porter,  Powell,  Putnam,  Roche,  Rogers,  Sandford,  Spencer, 
Springweiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  W.; 
Tekulsky,  Tibbetts,  Titus,  Turner,  Vedder,  Veeder,  Vogt,  Welling- 
ton, Whitmyer,  Woodward,  President. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
to  which  was  referred  the  proposed  constitutional  amendment 
introduced  by  Mr.  Cochran,  introductory  No.  333,  reported  by 
the  Committee  on  Military,  and  by  the  Committee  of  the  Whole, 
entitled  "Proposed  constitutional  amendment  to  amend  article 
11  of  the  Constitution,  relating  to  the  militia,"  reports  the  same 
as  examined  and  corrected  and  as  correctly  engrossed. 

Mr.  Woodward  presented  a  proposed  constitutional  amend- 
ment, proposing  to  amend  the  Preamble  of  the  Constitution. 
Also  adding  new  sections  to  the  Bill  of  Rights. 

By  unanimous  consent,  referred  to  the  Committee  of  the  Whole. 


CONSTITUTIONAL  CONVENTION.  757 

On  motion  of  Mr.  Choate,  Rule  36  was  so  amended  as  to  permit 
the  third  reading  of  proposed  constitutional  amendments  on  the 
same  day  on  which  they  were  passed  in  the  Committee  of  the 
Whole. 

Mr.  E.  R.  Brown  offered  a  resolution  in  words  following  : 

Whereas,  no  provisions  were  made  by  the  Legislature  for  the 
care  of  the  Document  Room,  and  said  Document  Room  haying 
been  placed  in  charge  of  Joseph  Fayel  by  the  Sergeant-at-Arms; 
therefore, 

Resolved,  That  for  the  very  efficient  services  which  Joseph 
Fayel  has  rendered  this  Convention  in  the  discharge  of  his  duties, 
that  he  be  paid  the  sum  of  six  dollars  per  day  for  the  session, 
the  same  pay  that  is  paid  by  the  Legislature  for  the  same  ser- 
vices rendered. 

Referred  to  the  Committee  on  Contingent  Expenses. 

The  proposed  constitutional  amendment,  printed  No.  436,  in 
words  following  :  ,  • 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Thirteen  of  the  Constitution,   Relating  to 
Further  Amendments. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

Article  13  of  the  Constitution  is  hereby  amended  so  as  to  read 
as  follows  : 

ARTICLE  Xm. 

Section  1.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  the  Senate  and  Assembly  ;  and  if  the 
same  shall  be  agreed  to  by  a  majority  of  the  members  elected  to 
each  of  the  two  houses,  such  proposed  amendment  or  amendments 
shall  be  entered  on  their  Journals,  with  the  yeas  and  nays  taken 
thereon,  and  referred  to  the  Legislature  to  be  chosen  at  the  next 
general  election  of  Senators,  and  shall  be  published  for  three 
months  previous  to  the  time  of  making  such  choice;  and  if  in  the 
Legislature  so  next  chosen,  as  aforesaid,  such  proposed  amend- 
ment or  amendments  shall  be  agreed  to  by  a  majority  of  all  the 
members  elected  to  each  house,  then  it  shall  be  the  duty  of  the 
Legislature  to  submit  such  proposed  amendment  or  amendments 
to  the  people  for  approval  in  such  manner  and  at  such  times  as 


788  JOURNAL  OF  THE 

the  Legislature  shall  prescribe;  and  if  the  people  shall  approve 
and  ratify  such  amendment  or  amendments;  by  a  majority  of  the 
electors  voting  thereon,  such  amendment  or  amendments  shall 
become  a  part  of  the  Constitution  from  and  after  the  first  day  of 
January  next  after  such  approval. 

Sec.  2.  At  the  general  election  to  be  held  in  the  year  one 
thousand  nine  hundred  and  sixteen,  and  every  twentieth  year 
thereafter,  and  also  at  such  times  as  the  Legislature  may  by  law 
provide,  the  question,  "  Shall  there  be  a  convention  to  revise  the 
Constitution  and  amend  the  same  ? "  shall  be  decided  by  the 
electors  of  the  State;  and  in  case  a  majority  of  such  electors  shall 
decide  in  favor  of  a  convention  for  such  purpose,  the  electors  of 
every  Senate  district  of  the  State,  as  then  organized,  shall  elect 
three  Delegates  at  the  next  ensuing  general  election  at  which 
members  of  the  Assembly  shall  be  chosen,  and  the  electors  of  the 
State  voting  at  the  same  election  shall  elect  fifteen  Delegates-at- 
Large.  The  Delegates  so  elected  shall  convene  at  the  Capitol  on  the 
first  Tuesday  of  April  next  ensuing  after  their  election,  and  shall 
continue  their  session  until  the  business  of  such  convention  shall 
have  been  completed.  Every  Delegate  shall  receive  for  his  services 
the  same  compensation  and  the  same  mileage  as  shall  then  be 
annually  payable  to  the  members  of  the  Assembly.  A  majority 
of  the  convention  shall  constitute  a  quorum  for  the  transaction 
of  business,  and  no  amendment  to  the  Constitution  shall 
be  submitted  for  approval  to  the  electors  as  herinafter 
provided,  unless  by  the  assent  of  a  majority  of  all  the 
Delegates  elected  to  the  convention,  the  yeas  and  nays 
being  entered  on  the  Journal  to  be  kept.  The  convention 
shall  have  the  power  to  appoint  such  officers,  employes  and 
assistants1  as  it  may  deem  necessary,  and  fix  their  compensations 
and  to  provide  for  the  printing  of  its  documents,  Journal  and 
proceedings.  The  convention  shall  determine  the  rules  of  its  own 
proceedings,  choose  its  own  officers,  and  be  the  judge  of  the  elec- 
tion, returns  and  qualifications  of  its  members.  In  case  of  a 
vacancy  by  death,  resignation  or  other  cause,  of  any  district  Dele- 
gate, such  vacancy  shall  be  filled  by  a  vote  of  the  remaining 
Delegates  representing  the  district  in  which  such  vacancy  occurs. 
If  any  such  vacancy  occurs  in  the  office  of  aDelegate-at-Large,such 
vacancy  shall  be  filled  by  a  vote  of  the  remaining  Delegates-at- 
Large.  Any  proposed  constitution  or  constitutional  amendment 
which  shall  have  been  adopted  by  such  convention,  shall  be  sub- 


CONSTITUTIONAL  CONVENTION.  759 

mitted  to  a  vote  of  the  electors  of  the  State  at  the  time  and  in  the 
manner  provided  by  such  convention,  at  an  election  which  shall 
be  held  not  less  than  six  weeks  after  the  adjournment  of  such 
convention.  Upon  the  approval  of  such  constitution  or  constitu- 
tional amendments,  in  the  manner  provided  in  the  last  preceding 
section,  such  constitution  or  constitutional  amendments,  shall  go 
into  effect  on  the  first  day  of  January  next  after  such  approval. 

Sec.  3.  Any  amendment  proposed  by  a  constitutional  con- 
vention relating  to  the  same  subject  as  an  amendment  proposed 
by  the  Legislature,  coincidently  submitted  to  the  people  for 
approval  at  the  general  election  held  in  the  year  one  thousand 
eight  hundred  and  ninety-four,  or  at  any  subsequent  election, 
shall,  if  approved,  (be  deemed  to  supersede  the  amendment  so 
proposed  by  the  Legislature. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Bar- 
hite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Cady,  Carter, 
Church,  Clark,  H.  A.;  Cookinham,  Crosby,  Davenport,  Davies, 
J.  C.;  Deterling,  Deyo,  Dickey,  Doty,  Durfee,  Emmet,  Faber, 
Foote,  Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser, 
Galinger,  Gibney,  Giegerich,  Goodelle,  Green,  A.  H.;  Green,  J.  I.; 
Hamlin,  Hawley,  Heeker,  Hedges,  Hill,  Holls,  Johnson,  I.  Sam; 
Johnson,  J.;  Kellogg,  Kinkel,  Kurth,  Lauterbach,  Lester,  Lewis, 
C.  H.;  Lincoln,  Lyon,  Manley,  Marshall,  Maybee,  McKinstry, 
McLaughlin,  C.  B.;  McMillan,  Mereness,  Moore,  Nichols,  W.  H.; 
Nicoll,  De  L.;  Nostrand,  Ohmeis,  Osborn,  Parker,  Parkhurst, 
Parmenter,  Pashley,  Peck,  Phipps,  Platzek,  Pool,  Porter,  Powell, 
Putnam,  Koche,  Rogers,  Sandford,  Spencer,  Springweiler,  Steele, 
A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  W.;  Tekulsky,  Turner, 
Vedder,  Vogt,  Wellington,  Whitmyer,  Woodward  —  92. 

Noes  —  Messrs.  Bowers,  Cochran,  Danforth,  Dean,  Forbes, 
Mantanye,  Peabody,  Titus,  Veeder,  President  — 10. 

Mr.  Vedder  moved  to  reconsider  the  vote  by  which  said  pro- 
posed constitutional  amendment  was  passed. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder, 
and  it  was  determined  in  the  affirmative,  a  majority  of  all  the 
Delegates  elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Bar- 
hite,  Barnum,  Barrow,  Becker,  Bigelow,  Bowers,  Brown,  E.  A.; 


760  JOURNAL  OF  THE 

Burr,  Carter,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Cookinham, 
Cornwall,  Countryman,  Crosby,  Danforth,  Davenport,  Davies, 
J.  C.;  Deady,  Deterling,  Dickey,  Doty,  Durfee,  Emmet,  Faber, 
Foote,  Francis,  Frank,  Andrew;  Frank  Augustus;  Fraser, 
Galinger,  Gibney,  Giegerich,  Gilbert,  Goeller,  Goodelle,  Green, 
A.  H.;  Green,  J.  I.;  Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Holla, 
Hotchkiss,  Hottenroth,  Jacobs,  Johnson,  I.  Sam;  Kurth,  Lauter- 
bach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon,  Manley, 
Mantanye,  Marshall,  McDonough,  Mclntyre,  McKinstry,  McLaugh- 
lin,  C.  B.;  McMillan,  Mereness,  Morton,  Nichols,  W.  H.;  Nicoll, 
DeL.;  Nostrand,  Ohmeis,  Osborn,  Parker,  Parkhurst,  Parmenter, 
Pashley,  Peck,  Phipps,  Platzek,  Pool,  Porter,  Powell,  Putnam, 
Roche,  Rogers,  Root,  Spencer,  Springweiler,  Steel e,  A.  B.;  Steele, 
W.  H.;  Storm,  Sullivan,  W.;  Tekulsky,  Turner,  Vedder,  Vogt, 
Whitmyer,  Woodward,  President  — 103. 

Noes  —  Messrs.  Maybee,  Moore,  Speer. 

Mr.  Vedder  then  moved  that  said  proposed  constitutional 
amendment  be  recommitted  to  the  Committee  on  Future  Amend- 
ments, with  instructions  to  report  the  same  forthwith,  amended 
as  follows: 

After  the  word  "  majority,"  line  16,  page  2,  strike  out  the  words 
"  of  such  electors  "  and  insert  in  place  thereof  the  words  "  of  the 
electors  voting  thereon." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder, 
and  it  was  determined  in  the  affirmative. 

Said  constitutional  amendment  as  amended  was  then  read  the 
third  time  and  passed,  a  majority  of  all  the  Delegates  elected  to 
the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Barhite,  Bar- 
num,  Barrow,  Becker,  Bigelow,  Brown,  E.  A.;  Brown,  E.  R.;  Burr, 
Cady,  Carter,  Cassidy,  Clark,  G.  W.;  Clark,  H.  A.;  Coleman, 
Cookinham,  Cornwell,  Crosby,  Davenport,  Davies,  J.  C.;  Deady, 
Deterling,  Deyo,  Dickey,  Doty,  Durfee,  Emmet,  Faber,  Forbes, 
Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser,  Galinger, 
Gibney,  Giegerich,  Gilbert,  Goeller,  Goodelle,  Green,  A.  H.;  Ham- 
lin, Hawley,  Hecker,  Hedges,  Hill,  Holls,  Jacobs,  Johnson,  I.  Sam; 
Johnson,  J.;  Kellogg,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis, 
M.  E.;  Lincoln,  Lyon,  Manley,  Marshall,  McDonough,  Mclntyre, 
McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mereness,  Morton, 
Nichols,  W.  H.;  Nicoll,  DeL.;  Nostrand,  O'Brien,  Ohmeis,  Osborn, 


CONSTITUTIONAL  CONVENTION.  761 

Parker,  Parkhurst,  Parmenter,  Pashley,  Peck,  Phipps,  Platzek, 
Pool,  Porter,  Powell,  Putnam,  Roche,  Rogers,  Root,  Schumaker, 
Spencer,  Springweiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sulli- 
van, W.;  Tekulsky,  Tibbetts,  Vedder,  Vogt,  Wellington,  Whit- 
myer,  Woodward,  President  — 103. 

Noes  —  Messrs.  Bowers,  Cochran,  Danforth,  Dean,  Hottenroth, 
Mantanye,  Maybee,  Mulqueen,  Peabody,  Sandford,  Speer,  Titus, 
Veeder  — 13. 

The  proposed  constitutional  amendment,  printed  No.  434,  in 
words  following  :  i 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  Section  Seven  of  Article  Eight  of  the  Constitu- 
tion, Relative  to  the  Liability  of  the  Stockholders  of  Banking 
Corporations.  ! 

T  he  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows  : 

Section  7  of  article  8  of  the  Constitution  is  hereby  amended 
so  as  to  read  as  follows  : 

Sec.  7.  The  stockholders  of  every  corporation,  and  joint- 
stock  association,  for  banking  purposes,  shall  be  individually 
responsible  to  the  amount  of  their  respective  share  or  shares  of 
stock  in  such  corporation  or  association,  for  all  its  debts  and 
liabilities  of  every  kind. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Banks, 
Barhite,  Barnum,  Barrow,  Becker,  Burr,  Cady,  Carter,  Church, 
Clark,  G.  W.;  Cookinham,  Cornwell,  Countryman,  Crosby,  Davies, 
J.  C.;  Deterling,  Dickey,  Doty,  Durfee,  Emmet,  Faber,  Foote, 
Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser,  Fuller,  O.  A.; 
Galinger,  Gibney,  Green,  A.  H.;  Green,  J.  I.;  Hamlin,  Hawley, 
Hecker,  Hedges,  Holls,  Hotchkiss,  Jacobs,  Johnson,  J.;  Kinkel, 
Kurth,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln, 
Lyon,  Manley,  Marshall,  McDonough,  Mclntyre,  McKinstry, 
McMillan,  Mereness,  Morton,  Nichols,  W.  H.;  Nicoll,  DeL.;  Nos- 
trand,  O'Brien,  Ohmeis,  Osborn,  Parker,  Parmenter,  Pashley, 
Phipps,  Platzek,  Pool,  Powell,  Roche,  Rogers,  Schumaker,  Smith, 


762  JOURNAL  OF  THE 

Springweiler,  Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  W.; 
Tekulsky,  Tibbetts,  Titus,  Turner,  Vogt,  Wellington,  Whit- 
m  yer  —  88. 

Noes  —  Messrs.  Bigelow,  Blake,  Bowers,  Brown,  E.  A. ;  Cassidy, 
Clark,  H.  A.;  Coleman,  Danforth,  Davenport,  Deady,  Dean, 
Deyo,  Forbes,  Goeller,  Hottenroth,  Johnson,  I.  Sam;  Kel- 
logg, Mantanye,  Maybee,  McLaughlin,  C.  B.;  Moore,  Mulqueen, 
Parkhurst,  Peabody,  Putnam,  Root,  Sandford,  Spencer,  Vedder, 
Veeder,  Woodward,  President  —  32. 

The  proposed  constitutional  amendment,  printed  No.  425,  in 
words  following  : 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To   Amend    Section   Ten,   Article   One  of  the   Constitution,   in 
Relation  to  the  Suppression  of  Gambling. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows : 

Section  10  of  article  1  of  the  Constitution  is  hereby  amended 
so  as  to  read  as  follows  : 

Sec.  10.  No  law  shall  be  passed  abridging  the  right  of  the 
people  peaceably  to  assemble  and  to  petition  the  government, 
or  any  department  thereof;  nor  shall  any  divorce  be  granted, 
otherwise  than  by  due  judicial  proceedings,  nor  shall  any  lottery 
or  the  sale  of  lottery  tickets,  pool-selling,  bookmaking,  or  any 
other  kind  of  gambling  hereafter  be  authorized  or  allowed  within 
this  State;  and  the  Legislature  shall  pass  appropriate  laws  to 
prevent  offenses  against  any  of  the  provisions  of  this  section. 

Being  announced  for  third  reading,  Mr.  Choate  moved  to  recom- 
mit said  amendment  to  the  Committee  on  Preamble,  with  instruc- 
tions to  report  the  same  forthwith,  amended  as^follows  : 

Strike  out  the  words  "  or  any  other  kind  of  gambling." 

Pending  the  question,  Mr.  J.  C.  Davies  moved  that  the  time  of 
the  session  be  extended  to  twelve  o'clock,  and  it  was  determined 
in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Choate, 
and  it  was  determined  in  the  negative. 

Said  proposed  constitutional  amendment  was  then  read  the 
third  time  and  passed,  a  majority  of  all  the  Delegates  elected  to 
the  Convention  voting  in  favor  thereof. 


CONSTITUTIONAL  CONVENTION.  763 

Ayes  —  Messrs.  Acker,  Ackerly,  Arnold,  Baker,  Banks,  Barhite, 
Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown,  E.  B.;  Burr, 
Cady,  Carter,  Cassidy,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coch- 
ran,  Coleman,  Cookinham,  Cornwell,  Countryman,  Crosby,  Dan- 
forth,  Davies,  J.  C.;  Deady,  Deterling,  Deyo,  Dickey,  Doty, 
Durfee,  Faber,  Foote,  Forbes,  Francis,  Frank,  Andrew;  Frank, 
Augustus;  Fraser,  Fuller,  O.  A.;  Galinger,  Gilbert,  Goeller, 
Green,  A.  H.;  Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Holls,  Hot- 
tenroth,  Jacobs,  Johnson,  I.  Sam;  Johnson,  J.;  Kellogg,  Kinkel, 
Lauterbach,  Lester,  Lewis,  C.  H.;  Lewis,  M.  E.;  Lincoln,  Lyon, 
Manley,  Mantanye,  Marshall,  Maybee,  McDonough,  Mclntyre, 
McKinstry,  McMillan,  Mereness,  Moore,  Morton,  Nichols,  W.  H.: 
Nicoll,  De  L. ;  Nostrand,  O'Brien,  Ohmeis,  Osborn,  Parker,  Park- 
hurst,  Parmenter,  Pashley,  Peck,  Phipps,  Platzek,  Pool,  Porter, 
Powell,  Putnam,  Boche,  Root,  Schumaker,  Spencer,  Springweiler, 
Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  W.;  Tekulsky, 
Tibbetts,  Titus,  Turner,  Vedder,  Veeder,  Vogt,  Wellington, 
Woodward,  President  — 109. 

Noes  —  Messrs.  Abbott,  Bigelow,  Dean,  Peabody  —  4. 

Mr.  I.  S.  Johson  moved  that  the  Convention  do  now  adjourn. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Johnson, 
and  it  was  determined  in  the  negative. 

The  proposed  constitutional  amendment,  printed  No.  453,  in 
words  following  : 

PROPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Eleven  of  the  Constitution,  Relating  to  the 

Militia. 

1  he  Delegates  of  the  People  of  the  State  of  New  York,  in 
Convention  assembled,  do  propose  as  follows  : 

Article  11  of  the  Constitution  is  hereby  amended  by  strik- 
ing out  all  of  this  article  and  inserting  in  lieu  thereof  the 
following  : 

Section  1.  All  able-bodied  male  citizens  between  the  ages  of 
eighteen  and  forty-five  years,  who  are  residents  of  the  State,  shall 
constitute  the  militia,  subject  however  to  such  exemptions 
as  are  now,  or  may  be  hereafter  created  by  the  laws  of  the  United 
States,  or  by  the  Legislature  of  this  State. 


764  JOURNAL  OF  THE 

Sec.  2.  The  Legislature  may  provide  for  the  enlistment  into 
the  active  force  of  all  such  other  persons  as  may  make  applica- 
tion to  be  so  enlisted. 

Sec.  3.  The  militia  shall  be  organized  and  divided  into  such 
land  and  naval,  and  active  and  reserve  forces,  as  the  Legislature 
may  deem  proper,  provided,  however,  that  there  shall  be  main- 
tained at  all  times  a  force  of  not  less  than  ten  thousand  enlisted 
men,  fully  uniformed,  armed,  equipped,  disciplined  and  ready  for 
active  service.  And  it  shall  be  the  duty  of  the  Legislature  at 
each  session  to  make  sufficient  appropriations  for  the  mainte- 
nance thereof. 

Sec.  4.  The  Governor  shall  appoint  the  chiefs  of  the  several 
staff  departments,  his  aids-de-camp  and  military  secretary,  all 
of  whom  shall  hold  office  during  his  pleasure,  their  commissions 
to  expire  with  the  term  for  which  the  Governor  shall  have  been 
elected;  he  shall  also  nominate,  and  with  the  consent  of  the 
Senate,  appoint  all  major-generals. 

Sec.  5.  All  other  commissioned  and  non-commissioned  officers 
shall  be  chosen  or  appointed  in  such  manner  as  the  Legislature 
may  deem  most  conducive, to  the  improvement  of  the  militia, 
provided,  however,  that  no  law  shall  be  passed  changing  the  exist- 
ing mode  of  election  and  appointment  unless  two-thirds  of  the 
members  present  in  each  house  shall  concur  therein. 

Sec.  6.  The  commissioned  officers  shall  be  commissioned  by 
the  Governor  as  commander-in-chief.  No  commissioned  officer 
shall  be  removed  from  office  during  the  term  for  which  he  shall 
have  been  appointed  or  elected,  unless  by  the  Senate  on  the 
recommendation  of  the  Governor,  stating  the  grounds  on  which 
such  removal  is  recommended,  or  by  the  sentence  of  a  court- 
martial,  or  upon  the  findings  of  an  examining  board  organized 
pursuant  to  law,  or  for  absence  without  leave  for  a  period  of  six 
months  or  more. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Banks, 
Barhite,  Barnum,  Barrow,  Becker,  Bigelow,  Blake,  Bowers, 
Brown,  E.  A.;  Brown,  E.  E.;  Burr,  Bush,  Cady,  Carter,  Church, 
Clark,  G.  W.;  Clark,  H.  A.;  Cochran,  Cookinham,  Cornwell, 
Crosby,  Danforth,  Davenport,  Davies,  J.  C.;  Deady,  Dean,  Deyo, 
Dickey,  Durfee,  Emmet,  Faber,  Foote,  Francis,  Frank,  Andrew; 


CONSTITUTIONAL  CONVENTION.  765 

Frank,  Augustus;  Fraser,  Fuller,  O.  A.;  Galinger,  Gilbert, 
Goeller,  Green,  A.  H.;  Green,  J.  L;  Hamlin,  Hawley,  Hecker, 
Hedges,  Hill,  Hotchkiss,  Hottenroth,  Jacobs,  Johnson,  I.  Sam; 
Johnson,  J.;  Kellogg,  Kinkel,  Lauterbach,  Lester,  Lewis,  C.  H.; 
Lewis,  M.  E.;  Lincoln,  Lyon,  Manley,  Mantanye,  Marshall,  May- 
bee,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mere- 
ness,  Moore,  Morton,  Mulqueen,  Nichols,  W.  H.;  Nicoll,  DeL.; 
Nostrand,  O'Brien,  Osborn,  Parker,  Parmenter,  Pashley,  Peabody, 
Peck,  Phipps,  Platzek,  Pool,  Putnam,  Root,  Schumaker,  Spencer, 
Steele,  W.  H.;  Storm,  Tekulsky,  Vedder,  Veeder,  Vogt,  Wood- 
ward, President  — 102. 

Noes  —  Messrs.  Coleman,  McDonough,  Springweiler  —  3. 

Mr.  Lyon,  from  the  Committee  on  Contingent  Expenses, 
reported  in  words  following  : 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  annexed  resolution,  providing  for  the  payment  to  Joseph 
Fayel  of  the  sum  of  six  dollars  per  day  during  the  session  on 
account  of  services  performed  by  him  in  the  Document  Room, 
would  respectfully  report  : 

That  said  Joseph  Fayel  was  appointed  a  messenger  of  the  Con- 
vention, and  as  such  became  entitled  to  three  dollars  per  day  for 
his  services,  and  that  he  was  thereafter  assigned  to  assist  in 
the  work  of  the  Document  Room,  in  accordance  with  the  pro- 
visions of  Rule  72,  authorizing  the  President  of  the  Convention  to 
detail  messengers  to  render  such  assistance  as  might  be 
necessary. 

The  Committee  on  Contingent  expenses  is  of  the  opinion  that 
the  Convention  has  not  the  power  to  allow  the  additional  com- 
pensation asked  for,  and  reports  adversely  upon  such  application. 

GEORGE  F.  LYON, 

Chairman. 

Mr.  E.  R.  Brown  offered  a  resolution  in  words  following  : 

Whereas,  No  provisions  were  made  by  the  Legislature  for  the 
care  of  the  Document  Room,  and  said  Document  Room  having 
been  placed  in  charge  of  Joseph  Fayel  by  the  Sergeant-at-Arms; 
therefore, 

Resolved,  That  for  the  very  efficient  services  which  Joseph 
Fayel  has  rendered  this  Convention  in  the  discharge  of  his 
duties,  that  he  be  paid  the  sum  of  six  dollars  per  day  for  the  ses- 


766  JOURNAL  OF  THE 

sion,  the  same  pay  that  is  paid  by  the  Legislature  for  the  same 
services   rendered. 

Referred  to  the  Committee  on  Contingent  Expenses. 

On  motion  of  Mr.  Veeder,  said  report  was  laid  on  the  table. 

On  motion  of  Mr.  Cady,  at  10.55,  the  Convention  adjourned. 


Saturday,  September  22,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  A.  K.  Duff. 

On  motion  of  Mr.  Acker,  the  reading  of  the  Journal  of  Friday, 
September  twenty-second,  was  dispensed  with. 

The  last  Record  appearing  upon  the  files  of  members  to-day  is 
of  date,  August  thirtieth,  afternoon  session. 

Mr.  Acker  offered  a  resolution  in  words  following: 
Resolved,  That  all  the  employes  of  the  Convention  and  of  the 
Secretary  be  paid  to  and  including  to-day ;  that  the  services  of  the 
Librarian  and  Assistant  Librarian,  all  the  committee  clerks  and 
doorkeepers  be  dispensed  with  after  to-day,  and  that  all  the  other 
employes  be  retained  and  paid  until  the  final  adjournment  of  the 
Convention,  and  that  the  President  be  and  he  is  hereby  authorized 
to  certify  for  employes'  pay  as  herein  prescribed. 

Mr.  McMillan  moved  to  amend  the  resolution  of  Mr.  Acker  so 
that  it  will  read  as  follows: 

Resolved,  That  all  the  employes  of  the  Convention  and  of  the 
Secretary  be  retained  and  paid  down  to  the  final  adjournment  of 
the  Convention,  and  that  the  President  be  and  he  hereby  is  author- 
ized to  certify  for  the  pay  of  employes  as  herein  prescribed. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McMillan, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the1  question  on  the  resolution  as  amended, 
and  it  was  determined  in  the  affirmative. 

Mr.  Vedder  moved  that  when  the  Convention  adjourn  to-day,  it 
be  to  meet  on  Thursday  evening  next  at  eight  o'clock. 

Mr.  Bowers  moved  to  amend  by  striking  out  all  after  the  word 
"  meet "  and  insert,  "  on  Friday  morning  next  at  ten  o'clock/' 


CONSTITUTIONAL  CONVENTION.  767 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Bowers, 
and  it  was  determined  in  the  negative. 

Mr.  A.  H.  Green  moved  to  amend  by  striking  out  the  words 
"evening  next  at  eight  o'clock/'  and  inserting  in  lieu  thereof, 
"next  at  eleven  o'clock  A.  M." 

Mr.  President  put  the  question  on  the  motion  of  Mr.  A.  H.  Green, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder, 
and  it  was  determined  in  the  affirmative. 

Mr.  J.  Johnson  moved  to  take  from  the  table  the  motion  to 
reconsider  the  vote  by  which  the  proposed  constitutional  amend- 
ment, printed  No.  339,  "relating  to  the  office  of  coroner,"  was 
passed. 

Mr.  President  put  the  question  on  the  motion  to  take  from  the 
table,  and  it  was  determined  in  the  affirmative. 

Mr.  J.  Johnson  then  moved  to  reconsider  the  vote  passing  said 
proposed  constitutional  amendment. 

Mr.  President  put  the  question  on  reconsidering  the  vote  by 
which  the  said  amendment  was  passed,  and  it  was  determined  in 
the  affirmative,  a  majority  of  all  the  Delegates  elected  to  the 
Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Alvord,  Arnold,  Baker, 
Barhite,  Barnum,  Barrow,  Becker,  Bigelow,  Bowers,  Brown,  E.  A. ; 
Cady,  Chipp,  Jr.;  Clark,  G.  W.;  Clark,  H.  A.;  Cochran,  Cookin- 
ham,  Cornwell,  Crosby,  Danforth,  Davies,  J.  C.;  Dickey,  Durfee, 
Emmet,  Faber,  Foote,  Forbes,  Francis,  Frank,  Augustus;  Fraser, 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Goodelle,  Green,  A.  H.; 
Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls, 
Hotchkiss,  Jacobs,  Johnson,  L  Sam;  Johnson,  J.;  Kellogg,  Kinkel, 
Lauterbach,  Lester,  Lincoln,  Lyon,  Manley,  Mantanye,  Marshall, 
McArthur,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Moore, 
Morton,  Nostrand,  O'Brien,  Osborn,  Parker,  Parkhurst,  Par- 
raenter,  Peck,  Phipps,  Platzek,  Pool,  Porter,  Powell,  Pratt,  Put- 
nam, Kedman,  Koche,  Sandford,  Spencer,  Steele,  A.  B.;  Steele, 
W.  H.;  Storm,  Sullivan,  T.  A.;  Sullivan,  W.;  Tekulsky,  Tibbetts, 
Titus,  Vedder,  Vogt,  Wellington,  Whitmyer,  Woodward,  Presi- 
dent —  95. 

Noes  —  Messrs.  Blake,  Burr,  Davenport,  Deady,  Deyo,  Durnin, 
Giegerich,  Goeller,  Green,  J.  L;  Griswold,  Holcomb,  Hottenroth, 
Mulqueen,  Peabody,  Rogers,  Schumaker,  Tucker,  Veeder  — 18, 


768  JOURNAL  OF  THE 

Mr.  J.  Johnson  then  offered  a  resolution  in  words  following: 
Resolved,  That  this  proposed  amendment  be  recommitted  to  the 
Committee  on  County,  Town  and  Village  Officers,  with  instructions 
to  forthwith  report  an  amendment  so  that  the  section  shall  read 
as  follows: 

Section  1  of  article  10  is  hereby  amended  so  as  to  read  as 
follows: 

Section  1.  Sheriffs,  clerks  and  registers  of  counties  and  dis- 
trict attorneys,  shall  be  chosen,  by  the  electors  of  the  respective 
counties,  once  in  every  three  years  and  as  often  as  vacancies  shall 
happen,  except  in  the  counties  of  New  York  and  Kings,  and  in  all 
counties  whose  boundaries  are  the  same  as  those  of  a  city,  where 
such  officers  shall  be  chosen  by  the  electors  once  in  every  two  or 
four  years  as  the  Legislature  shall  direct.  Sheriffs  shall  hold  no 
other  office,  and  be  ineligible  for  the  next  term  after  the  termina- 
tion of  their  offices.  They  may  be  required  by  law  to  renew  their 
security,  from  time  to  time;  and  in  default  of  giving  such  new 
security,  their  offices  shall  be  deemed  vacant.  But  the  county 
shall  never  be  made  responsible  for  the  acts  of  the  sheriff.  The 
Governor  may  remove  any  officer,  in  this  section  mentioned, 
within  the  term  for  which  he  shall  have  been  elected;  giving  to 
such  officer  a  copy  of  the  charges  against  him,  and  an  opportunity 
of  being  heard  in  his  defense. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  J.  Johnson, 
and  it  was  determined  in  the  affirmative. 

Said  proposed  constitutional  amendment,  printed  No.  339,  as 
amended,  in  words  following : 

PEOPOSED   CONSTITUTIONAL  AMENDMENT 

To  Amend  Article  Ten  of  the  Constitution  to  Do  Away  With  the 
Office  of  Coroner  as  a  Constitutional  Office. 

The  Delegates  of  the  People  of  the  State  of  New  York,  in, 
Convention  assembled,  do  propose  as  follows  : 

Section  1  of  article  10  is  hereby  amended  so  as  to  read  as 
follows: 

Section  1.  Sheriffs,  clerks  and  registers  of  counties,  and  dis- 
trict attorneys,  shall  be  chosen,  by  the  electors  of  the  respective 
counties,  once  in  every  three  years  and  as  often  as  vacancies  shall 
happen,  except  in  the  counties  of  New  York  and  Kings,  and  in  all 


CONSTITUTIONAL  CONVENTION.  769 

counties  whose  boundaries  are  the  same  as  those  of  a  city  where 
such  officers  shall  be  chosen  by  the  electors  once  in  every  two  or 
four  years  as  the  Legislature  shall  direct.  Sheriffs  shall  hold  no 
other  office,  and  be  ineligible  for  the  next  term  after  the  termina- 
tion of  their  offices.  They  may  be  required  by  law  to  renew  their 
security,  from  time  to  time;  and  in  default  of  giving  such  new 
security,  their  offices  shall  be  deemed  vacant.  But  the  county  shall 
never  be  made  responsible  for  the  acts  of  the  sheriff.  The  Gov- 
ernor may  remove  any  officer,  in  this  section  mentioned,  within 
the  term  for  which  he  shall  have  been  elected;  giving  to  such 
officer  a  copy  of  the  charges  against  him,  and  an  opportunity  of 
being  heard  in  his  defense. 

Was  read  the  third  time  and  passed,  a  majority  of  all  the  Dele- 
gates elected  to  the  Convention  voting  in  favor  thereof. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Alvord,  Arnold,  Bakei-j 
Banks,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown,  E.  K.; 
Cady,  Carter,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coleman, 
Cookinham,  Cornwell,  Crosby,  Davies,  J.  C. ;  Dean,  Dickey,  Durf ee, 
Faber,  Francis,  Frank,  Andrew;  Frank,  Augustus;  Fraser, 
Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger,  Gibney,  Gilbert,  Goodelle, 
Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Hirschberg,  M.  H.;  Holls, 
Hotchkiss,  Jacobs,  Johnson,  I.  Sam ;  Johnson,  J. ;  Kellogg,  Kinkel, 
Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln,  Lyon,  Manley,  Man- 
tanye,  Marshall,  Me  Arthur,  Mclntyre,  McKinstry,  McLaughlin, 
C.  B. ;  McMillan,  Moore,  Morton,  Nostrand,  O'Brien,  Parker,  Par£- 
hurst,  Pashley,  Phipps,  Pool,  Porter,  Powell,  Putnam,  Redman, 
Root,  Schumaker,  Spencer,  Springweiler,  Steele,  A.  B.;  Steele, 
W.  H.;  Storm,  Sullivan,  T.  A.;  Tekulsky,  Tibbetts,  Vedder,  Vogt, 
Wellington,  Whitmyer,  Wiggins,  Woodward,  President  —  93. 

Noes  —  Messrs.  Blake,  Bowers,  Burr,  Chipp,  Jr.;  Cochran, 
Davenport,  Deyo,  Durnin,  Emmet,  Forbes,  Giegerich,  Gilleran, 
Goeller,  Green,  A.  H. ;  Green,  J.  I. ;  Griswold,  Holcomb,  Hotten- 
roth,  Kerwin,  Kimmey,  Maybee,  McClure,  Mulqueen,  Nicoll,  DeL.; 
Parmenter,  Peabody,  Peck,  Rogers,  Sandford,  Titus,  Tucker, 
Veeder  —  32.  ;  j 

Mr.  Cookinham  called  from  the  table  the  resolution  offered  by 
him,  in  words  following: 

"  Resolved,  That  a  committee  consisting  of  ten  Delegates  be 
appointed  by  the  President  to  draft  an  address  to  the  people  of 
the   State,   explanatory  of   the  proposed  constitutional   amend- 
49 


770  JOURNAL  OF  THE 

ments  to  be  submitted  to  the  popular  vote,  and  that  the  Presi- 
dent be  ex  officio  chairman  of  such  committee." 

Mr.  Mulqueen  moved1  to  amend  by  inserting  after  the  word 
"  ten  "  insert  the  words  "  to  be  composed  of  the  Republicans." 

Mr.  Cookinham  moved  the  previous  question. 

Mr.  President  put  the  question  on  ordering  the  previous  ques- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mulqueen, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cookinham, 
and  it  was  determined  in  the  affirmative. 

Mr.  Lyon,  from  the  Committee  on  Contingent  Expenses, 
reported  the  following: 

Resolved,  That  the  Secretary  of  this  Convention  be  and  hereby 
is  directed  to  have  printed  such  additional  number  of  copies  of 
the  proposed  Constitution  as  may  be  necessary  to  supply  each 
member  of  the  Convention  with  such  number  of  copies  as  he 
wishes  for  distribution,  not  exceeding  in  the  aggregate  thirty 
thousand  copies.  Each  member  to  at  once  notify  the  Secretary  of 
the  number  of  copies  he  wishes;  and  in  the  event  of  the  number 
asked  for  exceeding  thirty  thousand  copies,  the  Secretary  shall 
apportion  the  number  allowed  among  the  members  asking  copies. 

Referred  to  the  Committee  on  Printing. 

Mr.  Tekulsky  offered  a  resolution  in  words  following: 

Whereas,  The  Committee  on  Privileges  and  Elections  and  the 
Committee  on  Contingent  Expenses  have  reported  that  the  claims 
of  Delegates  Charles  J.  Kurth,  J.  Lott  Nostrand,  John  C.  Kinkel, 
Charles  L.  Pashley  and  William  Deterling,  for  expenses  and 
counsel  fees  in  their  contests  for  the  seats  awarded  to  them  in 
this  Convention,  is  a  just  and  reasonable  one,  and 

Whereas,  It  is  the  sense  of  this  Convention  that  the  said 
claims  should  be  paid,  and 

Whereas,  The  Convention  questions  its  power  to  make  an 
appropriation  to  pay  the  said  claim  out  of  the  present  fund 
appropriated  to  the  use  of  this  Convention;  therefore,  be  it 

Resolved,  That  the  said  matter  be  and  the  same  is  hereby 
respectfully  referred  to  the  Legislature  of  this  S^tate,  with  the 
recommendation  that  it  provide  for  the  payment  of  said  claims. 


CONSTITUTIONAL  CONVENTION.  771 

Pending  the  question,  Mr.  Alvord  moved  that  the  Convention 
now  adjourn. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Alvord, 
and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Tekulsky, 
and  it  was  determined  in  the  affirmative. 

Mr.  Root  moved  that  the  Committee  on  Printing  be  discharged 
from  the  consideration  of  the  resolution  offered  by  Mr.  Lyon, 
relating  to  printing,  and  on  that  motion  moved  the  previous 
question. 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  discharging  the  Committee 
on  Printing,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  adoption  of  the  resolution, 
and  it  was  determined  in  the  affirmative. 

On  motion  of  Mr.  Root,  at  twelve  o'clock,  the  Convention 
adjourned. 


Thursday,  September  27,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  A.  M.  Boulgourjoo. 

On  motion  of  Mr.  Acker,  the  reading  of  the  Journal  of  Satur- 
day, September  twenty-second,  was  dispensed  with. 

On  motion  of  Mr.  Bigelow,  the  privileges  of  the  floor  were 
extended  to  the  Hon.  Levi  Brown. 

The  last  Record  appearing  upon  the  files  of  members  to-day  is 
of  date,  September  third. 

The  President  directed  the  Secretary  to  call  the  roll  to  ascertain 
the  presence  of  a  quorum,  when  the  following  Delegates  answered 
to  the  call  of  their  names : 

Messrs.  Abbott,  Acker,  Allaben,  Alvord,  Arnold,  Baker,  Banks, 
Barhite,  Becker,  Bigelow,  Bowers,  Brown,  E.  A.;  Brown,  E.  R.; 
Burr,  Cady,  Campbell,  Carter,  Chipp,  Jr.;  Clark,  G.  W.;  Clark, 
H.  A.;  Coleman,  Cookinham,  Cornwell,  Crosby,  Danforth,  Daven- 
port, Davies,  J.  C.;  Davis,  GL  A.;  Deady,  Dean,  Deterling,  Deyo, 
Dickey,  Doty,  Durnin,  Emmet,  Faber,  Floyd,  Foote,  Forbes, 


772  JOURNAL  OF  THE 

Frank,  Andrew;  Fraser,  Fuller,  C.  A.;  Gibney,  Giegerich,  Gil- 
leran,  Goeller,  Goodelle,  Green,  A.  H.;  Green,  J.  L;  Griswold, 
Hawley,  Hecker,  Hedges,  Hill,  Hirschberg,  M.  H. ;  Holcomb,  Holls, 
Hottenroth,  Jacobs,  Jenks,  Kellogg,  Lewis,  C.  H.;  Lewis,  M.  E.; 
Lincoln,  Lyon,  Manley,  Mantanye,  Marshall,  McClure,  McDonough, 
Mclntyre,  McKinstry,  McLaughlin,  C.  B.;  McMillan,  Mereness, 
Moore,  Morton,  Nostrand,  O'Brien,  Ohineis,  Osborn,  Parker,  Par- 
menter,  Peabody,  Peck,  Platzek,  Porter,  Powell,  Roche,  Rogers, 
Root,  Sanford,  Schumaker,  Smith,  Speer,  Springweiler,  Steele, 
A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts,  Titus, 
Tucker,  Turner,  Vedder,  Veeder,  Vogt,  Wellington,  Whitmyer, 
Wiggins,  Woodward,  President 

Mr.  President  announced  the  following  as  the  Committee  on 
Address  to  the  People :  Messrs.  Cookinham,  Acker,  Root,  Hirsch- 
berg, E.  R.  Brown,  C.  B.  McLaughlin,  McMillan,  Bigelow,  Jenks, 
Maybee. 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
reported  as  follows: 

To  the  Convention: 

The  Committee  on  Revision  and  Engrossment  call  attention  to 
the  following  changes  and  corrections  made  by  the  committee  in 
preparing  the  final  draft  of  the  Revised  Constitution: 

The  reasons  for  the  several  changes  and  corrections,  except  as 
stated  below,  are  apparent,  and  seem  to  require  no  explanation 
from  the  committee. 

The  location  in  the  Revised  Constitution  of  the  several  new 
amendments  adopted  by  the  Convention  are  shown  in  the  schedule 
attached  to  the  printed  copy  of  document  No.  72,  submitted  with 
this  report. 

The  committee  have  transferred  section  9  of  article  1  to  section 
20  of  article  3,  and  section  8  of  article  7  to  section  1  of  article  3. 

Have  stricken  out  of  the  last  sentence  of  section  2  of  article  2 
the  words  after  "  Legislature,"  "  at  the  session  thereof  next  after 
the  adoption  of  this  section,"  and,  after  the  word  "shall/7  the 
words,  "  and  from  time  to  time  thereafter  may." 

Have  inserted  the  words  "or  Amsterdam"  after  "Tenth,"  in 
the  description  of  the  street  called  "/Tenth  avenue,"  in  Senate 
districts  Seventeen  and  Nineteen,  and  the  words  "  or  Columbus  " 
after  "Ninth,"  in  the  description  of  Senate  districts  Seventeen 
and  Nineteen,  and  the  words  "or  Park"  after  "Fourth,"  in  the 


CONSTITUTIONAL  CONVENTION.  773 

description  of  Senate  districts  Nineteen,  Twenty  and  Twenty-one, 
for  the  reason  that  the  latter  names  seem  to  be  the  legal  names  of 
these  streets  in  this  locality,  though  they  are  popularly  called  by 
the  former  names. 

Have  inserted  after  the  description  of  Senate  district  Twenty 
the  following  clause :  "All  of  the  above  districts  in  the  county  of 
New  York,  bounded  upon  or  along  the  boundary  waters  of  the 
county,  shall  be  deemed  to  extend  to  the  county  line,"  for  the 
reason  that  the  county  of  New  York  extends  across  some,  if  not  all, 
of  these  boundary  waters. 

Have  also  changed  the  concluding  sentence  of  the  description 
of  Senate  district  Twenty-one  by  inserting  in  place  of  "all  that 
part  of  the  city  of  New  York  lying  north  and  east  of  Harlem  river  " 
the  following:  "All  that  part  of  the  county  of  New  York  not  here- 
inbefore described,"  thus  making  this  description  correspond,  in 
form,  with  the  description  of  the  last  Senate  district  in  the  county 
of  Erie. 

Have  substituted  in  section  18  of  article  3  "Appellate  Division  " 
for  "  General  Term,"  and  "  department "  for  "  district." 

Have  changed  in  section  29  of  article  3,  "No  person  in  such 
prisons,  penitentiaries,  jails  or  reformatories"  to  "No  person  in 
any  such  prison,  penitentiary,  jail  or  reformatory." 

Have  omitted  in  section  3  of  article  5  the  following  clause: 
"The  office  of  Canal  Commissioner  is  abolished  from  and  after 
the  appointment  and  qualification  of  the  Superintendent  of  Public 
Works,  until  which  time  the  Canal  Commissioners  shall  continue 
to  discharge  their  duties  as  required  by  law,"  and  have  inserted 
the  word  "former"  before  "Canal  Commissioners"  in  the  next 
sentence. 

Have  omitted  in  section  4  of  article  5  the  clause,  "from  and 
after  the  time  when  such  Superintendent  of  State  Prisons  shall 
have  been  appointed  and  qualified,  the  office  of  Inspector  of  State 
Prisons  shall  and  hereby  is  abolished,"  and  in  the  preceding 
sentence  have  changed  "or  have  heretofore  been"  to  "were 
formerly." 

Have  substituted  inj  section  5  of  article  5,  "  Superintendent  of 
Public  Works"  for  "Canal  Commissioners,"  at  the  end  of  the 
section. 

Have  struck  out  in  section  6  of  article  7  (old  section  14  of 
article  7)  the  words  "Canal  Appraisers,"  and,  also,  the  clause, 
"the  limitation  of  existing  claims  shall  begin  to  run  from  the 


774  JOURNAL  OF  THE 

adoption  of  this  section ;  but."  Also,  the  words,  "  to  revive  claims 
already  barred  by  existing  statutes ;  nor,"  in  the  same  sentence. 

Have  made  the  proposed  amendment  as  to  canal  improvement 
a  separate  section,  being  section  10  of  article  7. 

Have  changed  "  created  by  "  to  "  mentioned  in,"  after  the  word 
"  board,"  in  line  6  of  section  15  of  article  7. 

Have  changed  the  first  two  lines  of  section  1  of  article  10  so 
as  to  read  as  follows :  "  Sheriffs,  clerks  of  counties,  district 
attorneys  and  registers  in  counties  having  registers."  And  in 
line  5  of  same  section  have  omitted  "all"  before  the  word 
•*  counties."  ; 

Have  stricken  out  the  word  "all"  before  "such"  in  line  2  of 
section  2  of  article  11. 

Have  transferred  section  9  of  article  8  to  section  1  of  article  12. 

Have  inserted  in  section  3  of  article  12  the  words  "  of  the  third 
class,  or  "  in  place  of  "  the  population  of  which,  according  to  the 
latest  State  enumeration,  from  time  to  time  made,  is  less  than 
fifty  thousand;  nor" 

Have  transferred  section  1  of  article  12  to  section  1  of  article 

13,  and  section  1,  section  2,  section  3  of  article  15  to  section  2, 
section  3,  section  4  of  article  13,  and  section  4  of  article  15  to  sec- 
tion 6  of  article  13. 

Have  inserted  in  section  2  of  article  13  (page  103,  line  11), 
after  the  word  "Delegate"  the  following:  "Elected  to  the 
Convention." 

Have  also  changed  the  numbers  of  some  of  the  later  articles 
in  the  Constitution  so  as  to  put  the  subject-matter  in  a  more 
logical  order,  as  for  example:  Article  12,  prescribing  oaths  of 
office,  is  now  devoted  to  cities,  and  the  provisions  as  to  oaths  of 
office  (formerly  article  12),  and  as  to  bribery  (formerly  article  15) 
are  grouped  together  in  article  13,  while  the  provision  as  to 
future  amendments!  (formerly  article  13)  now  constitute  article 

14,  While  the  time  when  the  Constitution  shall  take  effect, 
formerly    the   last    section    of   article     14,   now    makes   article 

15,  and  is  the  final  section  of  the  Revised  Constitution. 
Albany,  September  27,  1894. 

Respectfully  submitted. 

NATHANIEL  FOOTE, 

Chairman, 


CONSTITUTIONAL  CONVENTION.  775 

Mr.  Foote,  from  the  Committee  on  Revision  and  Engrossment, 
then  presented  an  engrossed  copy  of  the  Constitution,  which  the 
President  directed  the  Secretary  to  read,  in  words  following: 

We,  the  people  of  the  State  of  New  York,  grateful  to  Almighty 
God  for  our  freedom,  in  order  to  secure  its  blessings,  do  estab- 
lish this  Constitution. 

ARTICLE  I. 

Section  1.  No  member  of  this  State  shall  be  disfranchised, 
or  deprived  of  any  of  the  rights  or  privileges  secured  to  any  citi- 
zen thereof,  unless  by  the  law  of  the  land,  or  the  judgment  of 
his  peers. 

Section  2.  The  trial  by  jury  in  all  cases  in  which  it  has  been 
heretofore  used  shall  remain  inviolate  forever;  but  a  jury  trial 
may  be  waived  by  the  parties  in  all  civil  cases  in  the  manner  to 
be  prescribed  by  law. 

Section  3.  The  free  exercise  and  enjoyment  of  religious  profes 
sion  and  worship,  without  discrimination  or  preference,  shall 
forever  be  allowed  in  this  State  to  all  mankind;  and  no  person 
shall  be  rendered  incompetent  to  be  a  witness  on  account  of  his 
opinions  on  matters  of  religious  belief;  but  the  liberty  of  con- 
science hereby  secured  shall  not  be  so  construed  as  to  excuse 
acts  of  licentiousness,  or  justify  practices  inconsistent  with  the 
peace  or  safety  of  this  State. 

Section  4.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the 
public  safety  may  require  its  suspension. 

Section  5.  Excessive  bail  shall  not  be  required  nor  excessive 
fines  imposed,  nor  shall  cruel  and  unusual  punishments  be 
inflicted,  nor  shall  witnesses  be  unreasonably  detained. 

Section  6.  No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime  (except  in  cases  of  impeachment,  and 
in  cases  of  militia  when  in  actual  service,  and  the  land  and 
naval  forces  in  time  of  war,  or  which  this  State  may  keep  with 
the  consent  of  Congress  in  time  of  peace,  and  in  cases  of  petit 
larceny,  under  the  regulation  of  the  Legislature),  unless  on  pre- 
sentment or  indictment  of  a  grand  jury,  and  in  any  trial  in  any 
court  whatever  the  party  accused  shall  be  allowed  to  appear 
and  defend  in  person  and  with  counsel  as  in  civil  actions.  No 
person  shall  be  subject  to  be  twice  put  in  jeopardy  for  the  same 


776  JOURNAL  OF  THE 

offense;  nor  shall  he  be  compelled  in  any  criminal  case  to  be  a 
witness  against  himself;  nor  be  deprived  of  life,  liberty  or  prop- 
erty without  due  process  of  law ;  nor  shall  private  property  be 
taken  for  public  use  without  just  compensation. 

Section  7.  When  private  property  shall  be  taken  for  any  public 
use,  the  compensation  to  be  made  therefor,  when  such  compensa- 
tion is  not  made  by  the  State,  shall  be  ascertained  by  a  jury,  or  by 
not  less  than  three  commissioners  appointed  by  a  court  of  record, 
as  shall  be  prescribed  by  law.  Private  roads  may  be  opened 
in  the  manner  to  be  prescribed  by  law;  but  in  every  case  the 
necessity  of  the  road  and  the  amount  of  all  damage  to  be  sus- 
tained by  the  opening  thereof  shall  be  first  determined  by  a  jury 
of  freeholders,  and  such  amount,  together  with  the  expenses  of  the 
proceeding,  shall  be  paid  by  the  person  to  be  benefited.  General 
laws  may  be  passed  permitting  the  owners  or  occupants  of  agri- 
cultural lands  to  construct  and  maintain  for  the  drainage  thereof, 
necessary  drains,  ditches  and  dykes  upon  the  lands  of  others,  under 
proper  restrictions  and  with  just  compensation,  but  no  special  laws 
shall  be  enacted  for  such  purposes. 

Section  8.  Every  citizen  may  freely  speak,  write  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of 
that  right;  and  no  law  shall  be  passed  to  restrain  or  abridge  the 
liberty  of  speech  or  of  the  press.  In  all  criminal  prosecutions 
or  indictments  for  libels,  the  truth  may  be  given  in  evidence 
to  the  jury;  and  if  it  shall  appear  to  the  jury  that  the  matter 
charged  as  libelous  is  true,  and  was  published  with  good  motives 
and  for  justifiable  ends,  the  party  shall  be  acquitted; .  and  the  jury 
shall  have  the  right  to  determine  the  law  and  the  fact. 

Section  9.  No  law  shall  be  passed  abridging  the  right  of  the 
people  peaceably  to  assemble  and  to  petition  the  government,  or 
any  department  thereof ;  nor  shall  any  divorce  be  granted  other- 
wise than  by  due  judicial  proceedings  ;  nor  shall  any  lottery  or  the 
sale  of  lottery  tickets,  pool-selling,  book-making,  or  any  other  kind 
of  gambling  hereafter  be  authorized  or  allowed  within  this  State ; 
and  the  Legislature  shall  pass  appropriate  laws  to  prevent  offenses 
against  any  of  the  provisions  of  this  section. 

Section  10.  The  people  of  this  State,  in  their  right  of  sovereignty  ? 
are  deemed  to  possess  the  original  and  ultimate  property  in  and 
to  all  lands  within  the  jurisdiction  of  the  State;  and  all  lands 


CONSTITUTIONAL  CONVENTION.  777 

the  title  to  which  shall  fail,  from  a  defect  of  heirs,  shall  revert, 
or  escheat  to  the  people. 

Section  11.  All  feudal  tenures  of  every  description,  with  all  their 
incidents,  are  declared  to  be  abolished,  saving  however,  all  rents 
and  services  certain  which  at  any  time  heretofore  have  been  law- 
fully created  or  reserved. 

Section  12.  All  lands  within  this  State  are  declared  to  be 
allodial,  so  that,  subject  only  to  the  liability  to  escheat,  the 
entire  and  absolute  property  is  vested  in  the  owners,  according  to 
the  nature  of  their  respective  estates. 

Section  13.  No  lease  or  grant  of  agricultural  land,  for  a  longer 
period  than  twelve  yearsv  hereafter  made,  in  which  shall  be 
reserved  any  rent  or  service  of  any  kind,  shall  be  valid. 

Section  14.  All  fines,  quarter  sales,  or  other  like  restraints  upon 
alienation,  reserved  in  any  grant  of  land  hereafter  to  be  made, 
shall  be  void. 

Section  15.  No  purchase  or  contract  for  the  sale  of  lands  in 
this  State,  made  since  the  fourteenth  day  of  October,  one  thou- 
sand seven  hundred  and  seventy-five;  or  which  may  hereafter 
be  made,  of,  or  with  the  Indians,  shall  be  valid,  unless  made 
under  the  authority,  and  with  the  consent  of  the  Legislature. 

Section  16.  Such  parts  of  the  common  law,  and  of  the  acts  of  the 
Legislature  of  the  colony  of  New  York,  as  together  did  form  the 
law  of  the  said  colony,  on  the  nineteenth  day  of  April,  one  thou- 
sand seven  hundred  and  seventy-five,  and  the  resolutions  of  the 
Congress  of  the  said  colony,  and  of  the  convention  of  the  State  of 
New  York,  in  force  on  the  twentieth  day  of  April,  one  thousand 
seven  hundred  and  seventy-seven,  which  have  not  since  expired, 
or  been  repealed  or  altered;  and  such  acts  of  the  Legislature  of 
this  State  as  are  now  in  force,  shall  be  and  continue  the  law  of 
this  State,  subject  to  such  alterations  as  the  Legislature  shall 
make  concerning  the  same.  But  all  such!  parts  of  the  common  law, 
and  such  of  the  said  acts,  or  parts  thereof,  as  are  repugnant  to  this 
Constitution,  are  hereby  abrogated. 

Section  17.  All  grants  of  land  within  this  State,  made  by  the 
king  of  Great  Britain,  or  persons  acting  under  his  authority,  after 
the  fourteenth  day  of  October,  one  thousand  seven  hundred  and 
seventy-five,  shall  be  null  and  void ;  but  nothing  contained  in  this 

mstitution  shall  affect  any  grants  of  land  within  this  State, 


778  JOURNAL  OF  THE 

made  by  the  authority  of  the  said  king  or  his  predecessors,  or 
shall  annul  any  charters  to  bodies1  politic  and  corporate,  by  him 
or  them  made,  before  that  day ;  or  shall  affect  any  such  grants  or 
charters  since  made  by  this  State,  or  by  persons  acting  under  its 
authority ;  or  shall  impair  the  obligation  of  any  debts  contracted 
by  the  State,  or  individuals,  or  bodies  corporate,  or  any  other 
rights  of  property,  or  any  suits,  actions,  rights  of  action,  or  other 
proceedings  in  courts  of  justice. 

Section  18.  The  right  of  action  now  existing  to  recover  damages 
for  injuries  resulting  in  death,  shall  never  be  abrogated;  and 
the  amount  recoverable  shall  not  be  subject  to  any  statutory 
limitation. 

ARTICLE  H. 

Section  1.  Every  male  citizen  of  the  age  of  twenty-one  years, 
who  shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant 
of  this  State  one  year  next  preceding  an  election,  and  for  the  last 
four  months  a  resident  of  the  county  and  for  the  last  thirty  days 
a  resident  of  the  election  district  in  which  he  may  offer  his  vote, 
shall  be  entitled  to  vote  at  such  election  in  the  election  district 
of  which  he  shall  at  the  time  be  a  resident,  and  not  elsewhere, 
for  all  officers  that  now  are  or  hereafter  may  be  elective  by  the 
people ;  and  upon  all  questions  which  may  be  submitted  to  the 
vote  of  the  people,  provided  that  in  time  of  war  no  elector  in 
the  actual  military  service  of  the  State,  or  of  the;  United  States, 
in  the  army  or  navy  thereof,  shall  be  deprived  of  his  vote  by 
reason  of  his  absence  from  such  election  district;  and  the  Legis- 
lature shall  have  power  to  provide  the  manner  in  which  and  the 
time  and  place  at  which  such  absent  electors  may  vote,  and  for 
the  return  and  canvass  of  their  votes  in  the  election  districts  in 
which  they  respectively  reside. 

Section  2.  No  person  who  shall  receive,  accept,  or  offer  to  receive 
or  pay,  offer  or  promise  to  pay,  contribute,  offer  or  promise  to 
contribute  to  another,  to  be  paid  or  used,  any  money  or  other 
valuable  thing  as  a  compensation  or  reward  for  the  giving  or 
withholding  a  vote  at  an  election,  or  who  shall  make  any  prom- 
ise to  influence  the  giving  or  withholding  any  such  vote,  or  who 
shall  make  or  become  directly  or  indirectly  interested  in  any 
bet  or  wager  depending  upon  the  result  of  any  election,  shall  vote 
at  such  election;  and  upon  challenge  for  such  cause,  the  person 
so  challenged,  before  the  officers  authorized  for  that  purpose  shall 


CONSTITUTIONAL  CONVENTION.  779 

receive  his  vote,  shall  swear  or  affirm  before  such  officers  that  he 
has  not  received  or  offered,  does  not  expect  to  receive,  has  not  paid, 
offered  or  promised  to  pay,  contributed,  offered  or  promised  to  con- 
tribute to  another,  to  be  paid  or  used,  any  money  or  other  valuable 
thing  as  a  compensation  or  reward  for  the  giving  or  withholding 
a  vote  at  such  election,  and  has  not  made  any  promise  to  influence 
the  giving  or  withholding  of  any  such  vote,  nor  made  or  become 
directly  or  indirectly  interested  in  any  bet  or  wager  depending 
upon  the  result  of  such  election.  The  Legislature  shall  enact  laws 
excluding  from  the  right  of  suffrage  all  persons  convicted  of 
bribery  or  of  any  infamous  crime. 

Section  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a  residence,  by  reason  of  his  presence  or 
absence,  while  employed  in  the  service  of  the  United  States;  nor 
while  engaged  in  the  navigation  of  the  waters  of  this  State,  or 
of  the  United  States,  or  of  the  high  seas;  nor  while  a  student 
of  any  seminary  of  learning;  nor  while  kept  at  any  alms-house^ 
or  other  asylum,  or  institution  wholly  or  partly  supported  at  pub- 
lic expense,  or  by  charity;  nor  while  confined  in  any  public 
prison. 

Section  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs, 
the  citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby 
established,  and  for  the  registration  of  voters;  which  registration 
shall  be  completed  at  least  ten  days  before  each  election.  Such 
registration  shall  not  be  required  for  town  and  village  elections 
except  by  express  provision  of  law.  In  cities  and  villages  having 
five  thousand  inhabitants  or  more,  according  to  the  last  preceding 
State  enumeration  of  inhabitants,  voters  shall  be  registered  upon 
personal  application  only;  but  voters  not  residing  in  such  cities 
or  villages  shall  not  be  required  to  apply  in  person  for  registration 
at  the  first  meeting  of  the  officers  having  charge  of  the  registry 
of  voters.  !  i 

Section  5.  All  elections  by  the  citizens,  except  for  such  town 
officers  as  may  by  law  be  directed  to  be  otherwise  chosen,  shall 
be  by  ballot,  or  by  such  other  method  as  may  be  prescribed  by 
law,  provided  that  secrecy  in  voting  be  preserved. 

Section  6.  All  laws  creating,  regulating  or  affecting  boards  of 
officers  charged  with  the  duty  of  registering  voters,  or  of  dis- 
tributing ballots  at  the  polls  to  voters,  or  of  receiving,  recording 
or  counting  votes  at  elections,  shall  secure  equal  representation 


780  JOURNAL  OF  THE 

of  the  two  political  parties  which,  at  the  general  election  next 
preceding  that  for  which  such  boards  or  officers  are  to  serve,  cast 
the  highest  and  the  next  highest  number  of  votes.  All  such 
boards  and  officers  shall  be  appointed  or  elected  in  such  manner, 
and  upon  the  nomination  of  such  representatives  of  said  parties 
respectively,  as  the  Legislature  may  direct.  Existing  laws  on 
this  subject  shall  continue  until  the  Legislature  shall  otherwise 
provide.  This  section  shall  not  apply  to  town  meetings,  or  to  village 
elections. 

ARTICLE  in. 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in 
the  Senate  and  Assembly. 

Section  2.  The  Senate  shall  consist  of  fifty  members,  except  as 
hereinafter  provided.  The  Senators  elected  in  the  year  one  thou- 
sand eight  hundred  and  ninety-five  shall  hold  their  offices  for  three 
years,  and  their  successors  shall  be  chosen  for  two  years.  The 
Assembly  shall  consist  of  one  hundred  and  fifty  members  who 
shall  be  chosen  for  one  year. 

Section  3.  The  State  shall  be  divided  into  fifty  districts  to  be 
called  Senate  districts,  each  of  which  shall  choose  one  Senator. 
The  districts  shall  be  numbered  from  one  to  fifty,  inclusive. 

District  number  one  (1)  shall  consist  of  the  counties  of  Suffolk 
and  Richmond. 

District  number  two  (2)  shall  consist  of  the  county  of  Queens. 

District  number  three  (3)  shall  consist  of  that  part  of  the 
county  of  Kings  comprising  the  first,  second,  third,  fourth,  fifth 
and  sixth  wards  of  the  city  of  Brooklyn. 

District  number  four  (4)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  seventh,  thirteenth,  nineteenth  and 
twenty-first  wards  of  the  city  of  Brooklyn. 

District  number  five  (5)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighth,  tenth,  twelfth  and  thirtieth  wards 
of  the  city  of  Brooklyn,  and  the  ward  of  the  city  of  Brooklyn 
which  was  formerly  the  town  of  Gravesend.  • 

District  number  six  (6)  shall  consist  of  that  part  of  the  county 

of  Kings  comprising  the  ninth,  eleventh,   twentieth   and  twenty- 
second  wards  of  the  city  of  Brooklyn. 


CONSTITUTIONAL  CONVENTION.  781 

District  number  seven  (7)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  fourteenth,  fifteenth,  sixteenth  and  seven- 
teenth wards  of  the  city  of  Brooklyn. 

District  number  eight  (8)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  twenty-third,  twenty-fourth,  twenty-fifth 
and  twenty-ninth  wards  of  ths  city  of  Brooklyn,  and  the  town  of 
Flatlands. 

District  number  nine  (9)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighteenth,  twenty-sixth,  twenty-seventh 
and  twenty-eighth  wards  of  the  city  of  Brooklyn. 

District  number  ten  (10)  shall  consist  of  that  part  of  the  county 
of  New  York  within  and  bounded  by  a  line  beginning  at  Canal 
street  and  the  Hudson  river,  and  running  thence  along  Canal  street, 
Hudson  street,  Dominick  street,  Yarick  street,  Broome  street, 
Sullivan  street,  Spring  street,  Broadway,  Canal  street,  the  Bowery. 
Division  street,  Grand  street  and  Jackson  street,  to  the  East  river 
and  thence  around  the  southern  end  of  Manhattan  Island,  to  the 
place  of  beginning,  and  also  Governor's,  Bedlow's  and  Ellis  islands. 

District  number  eleven  (11)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  ten,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  Broad- 
way and  Canal  street,  and  running  thence  along  Broadway, 
Fourth  street,  the  Bowery  and  Third  avenue,  St.  Mark's 
place,  Avenue  A,  Seventh  street,  Avenue  B,  Clinton  street,  Riv- 
ington  street,  Norfolk  street,  Division  street,  Bowery  and  Canal 
street,  to  the  place  of  beginning. 

District  number  twelve  (12)  shall  consist  of  that  part  of  the 
county  of  New  York  tying  north  of  districts  numbers  ten  and  eleven 
and  within  and  bounded  by  a  line  beginning  at  Jackson  street 
and  the  East  river,  and  running  thence  through  Jackson  street, 
Grand  street,  Division  street,  Norfolk  street,  Rivington  street, 
Clinton  street,  Avenue  B,  Seventh  street,  Avenue  A,  St.  Mark's 
place,  Third  avenue,  East  Fourteenth  street  to  the  East  river,  and 
along  the  East  river,  to  the  place  of  beginning. 

District  number  thirteen  (13)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  ten,  and 
within  and  bounded  by  a  line  beginning  at  the  Hudson  river  at 
the  foot  of  Canal  street,  and  running  thence  along  Canal  street, 


782  JOURNAL  OF  THE 

Hudson  street,  Dominick  street,  Yarick  street.  Broome  street, 
Sullivan  street,  Spring  street,  Broadway,  Fourth  street,  the  Bowery 
and  Third  avenue,  Fourteenth  street,  Sixth  avenue,  West  Fifteenth 
street,  Seventh  avenue,  West  Nineteenth  street,  Eighth  avenue, 
West  Twentieth  street,  and  the  Hudson  river,  to  the  place  of 
beginning. 

District  number  fourteen  (14)  shall  consist  of  that  part  of  the 

county  of  New  York  lying  north  of  districts  numbers  twelve 
and  thirteen,  and  within  and  bounded  by  a  line  beginning  at  East 
Fourteenth  street  and  the  East  river,  and  running  thence  along  East 
Fourteenth  street,  Irving  place,  East  Nineteenth  street,  Third 
avenue,  East  Twenty-third  street,  Lexington  avenue,  East  Fifty- 
third  street,  Third  avenue,  East  Fifty-second  street,  and  the  East 
river,  to  the  place  of  beginning. 

District  number  fifteen  (15)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  thirteen,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  West 
Fourteenth  street  and  Sixth  avenue,  and  running  thence  along 
Sixth  avenue,  West  Fifteenth  street,  Seventh  avenue,  West  For- 
tieth street,  Eighth  avenue,  and  the  transverse  road  across  Central 
park  at  Ninety-seventh  street,  Fifth  avenue,  East  Ninety-sixth  street, 
Lexington  avenue,  East  Twenty-third  street,  Third  avenue,  East 
Nineteenth  street,  Irving  place  and  Fourteenth  street,  to  the  place 
of  beginning. 

District  number  sixteen  (16)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  thirteen, 
and  within  and  bounded  by  a  line  beginning  at  Seventh  avenue 
and  West  Nineteenth  street,  and  running  thence  along  West  Nine- 
teenth street,  Eighth  avenue,  West  Twentieth  street,  the  Hudson 
river,  West  Forty-sixth  street,  Tenth  avenue,  West  Forty-third 
street,  Eighth  avenue,  West  Fortieth  street  and  Seventh  avenue,  to 
the  place  of  beginning. 

District  number  seventeen  (17)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  sixteen,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  Eighth 
avenue  and  West  Forty-third  street,  and  running  thence  along  West 
Forty-third  street,  Tenth  avenue,  West  Forty-sixth  street,  the  Hud- 
son river,  West  Eighty-ninth  street,  Tenth  or  Amsterdam  avenue, 


CONSTITUTIONAL  CONVENTION.  783 

"West  Eighty-sixth  street,  Ninth  or  Columbus  avenue,  West  Eighty- 
first  street  and  Eighth  avenue,  to  the  place  of  beginning. 

District  number  eighteen  (18)  shall  consist  of  that  part 
of  the  county  of  New  York  lying  north  of  district  num- 
ber fourteen,  and  within  and  bounded  by  a  line  begin- 
ning at  the  -junction  of  East  Fifty-second  street  and  the  East  river, 
and  running  thence  along  East  Fifty-second  street,  Third  avenue, 
East  Fifty-third  street,  Lexington  avenue,  East  Eighty-fourth 
street,  Second  avenue,  East  Eighty-third  street  and  the  East 
river,  to  the  place  of  beginning;  and  also  Blackwell's  island. 

District  number  nineteen  (19)  shall  consist  of  that  part  of  the 
county  of  New  York  Iying2north  of  district  number  seventeen,  and 
within  and  bounded  by  a  line  beginning  at  West  Eighty-ninth  street 
and  the  Hudson  river,  and  running  thence  along  the  Hudson 
river  and  Spuyten  Duyvil  creek  around  the  northern  end  of  Man- 
hattan island;  thence  southerly  along  the  Harlem  river  to  the 
north  end  of  Fifth  avenue ;  thence  alone:  Fifth  avenue,  East  One 
Hundred  and  Twenty-ninth  street,  Fourth  or  Park  avenue,  East 
One  Hundred  and  Tenth  street,  Fifth  avenue,  the  transverse  road 
across  Central  park  at  Ninety- seventh  street.  Eighth  avenue,  West 
Eighty-first  street,  Ninth  or  Columbus  avenue,  West  Eighty-sixth 
street,  Tenth  or  Amsterdam  avenue  and  West  Eighty-ninth  street, 
to  the  place  of  beginning. 

District  number  twenty  (20)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  eighteen 
and  fifteen,  and  within  and  bounded  by  a  line  beginning  at  East 
Eighty-third  street  and  the  East  river,  running  thence  through  East 
Eighty-third  street.  Second  avenue,  East  Eighty-fourth  street,  Lex- 
ington avenue,  East  Ninety-sixth  street,  Fifth  avenue,  East  One 
Hundred  and  Tenth  street,  Fourth  or  Park  avenue,  East  One  Hundred 
and  Nineteenth  street  to  the  Harlem  river,  and  along  the  Harlem  and 
East  rivers,  to  the  place  of  beginning ;  and  also  Randall's  island 
and  Ward's  island. 

All  of  the  above  districts  in  the  county  of  New  York  bounded 
upon  or  along  the  boundary  waters  of  the  county,  shall  be  deemed 
to  extend  to  the  county  line. 

District  number  twenty-one  (21)  shall  consist  of  that  part  of 

the  county  of  New  York  lying  north  of  districts  numbers  nineteen 
and  twenty,  within  and  bounded  by  a  line  beginning  at  East  One 


784  JOURNAL  OF  THE 

Hundred  and  Nineteenth  street  and  the  Harlem  river,  and  running 
thence  along  East  One  Hundred  and  Nineteenth  street,  Fourth  or 
Park  avenue,  One  Hundred  and  Twenty-ninth  street,  Fifth  avenue 
and  the  Harlem  river,  to  the  place  of  beginning;  and  all  that 
part  of  the  county  of  New  York  not  hereinbefore  described. 

District  number  twenty-two  (22)  shall  consist  of  the  county  of 
Westchester. 

District  number  twenty- three  (23)  shall  consist  of  the  counties 
of  Orange  and  Kockland. 

District  number  twenty-four  (24)  shall  consist  of  the  counties 
of  Dutchess,  Columbia  and  Putnam. 

District  number  twenty-five  (25)  shall  consist  of  the  counties  of 
Ulster  and  Greene. 

District  number  twenty-six  (26)  shall  consist  of  the  counties  of 
Delaware,  Chenango  and  Sullivan. 

District  number  twenty-seven  (27)  shall  consist  of  the  counties 
of  Montgomery,,  Fulton,  Hamilton  and  Schoharie. 

District  number  twenty-eight  (28)  shall  consist  of  the  counties 
of  Saratoga,  Schenectady  and  Washington. 

District  number  twenty-nine  (29)  shall  consist  of  the  county  of 
Albany. 

District  number  thirty  (30)  shall  consist  of  the  county  of 
Rensselaer. 

District  number  thirty-one  (31)  shall  consist  of  the  counties  of 
Clinton,  Essex  and  Warren. 

District  number  thirty-two  (32)  shall  consist  of  the  counties  of 
St.  Lawrence  and  Franklin. 

District  number  thirty-three  (33)  shall  consist  of  the  counties 
of  Otsego  and  Herkimer. 

District  number  thirty-four  (34)  shall  consist  of  the  county  of 
Oneida. 

District  number  thirty-five  (35)  shall  consist  of  the  counties  of 
Jefferson  and  Lewis. 

District  number  thirty-six  (36)  shall  consist  of  the  county  of 
Onondaga, 

District  number  thirty-seven  (37)  shall  consist  of  the  counties 
of  Oswego  and  Madison. 


CONSTITUTIONAL  CONVENTION.  785 

District  number  thirty-eight  (38)  shall  consist  of  the  counties 
of  Broome,  Cortland  and  Tioga. 

District  number  thirty-nine  (39)  shall  consist  of  the  counties  of 
Cayuga  and  Seneca, 

'District  number  forty  (40)  shall  consist  of  the  counties  of 
Chemung,  Tompkins  and  Schuyler. 

District  number  forty-one  (41)  shall  consist  of  the  counties  of 
Steuben  and  Yates. 

District  number  forty-two  (42)  shall  consist  of  the  counties  of 
Ontario  and  Wayne. 

District  number  forty-three]  (43)  shall  consist'  of  that|  part  of 
the  county  of  Monroe  comprising  the  towns  of  Brighton,  Henri- 
etta, Irondequoit,  Mendon,  Penfield,  Perinton,  Pittsford,  Rush  and 
Webster,  and  the  fourth,  sixth,  seventh,  eighth,  twelfth,  thirteenth, 
fourteenth,  sixteenth,  seventeenth  and;  eighteenth  wards  of  the 
city  of  Rochester,  as  at  present  constituted. 

District  number  forty-four  (44)  shall  consist  of  that  part  of  the 
county  of  Monroe  comprising  the  towns  of  Chili,  Clarkson,  Gates, 
Greece,  Hamlin,  Ogden,  Parma,  Riga,  Sweden  and  Wheatland, 
and  the  first,  second,  third,  fifth,  ninth,  tenth,  eleventh,  fifteenth, 
nineteenth  and  twentieth  wards  of  the  city  of  Rochester,  as  at 
present  constituted. 

District  number  forty-five  (45)  shall  consist  of  the  counties  of 
"Niagara,  Genesee  and  Orleans. 

District  number  forty-six  (46)  shall  consist  of  the  counties  of 
Allegany,  Livingston  and  Wyoming. 

District  number  forty-seven  (47)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  first,  second,  third,  sixth,  fifteenth, 
nineteenth,  twentieth,  twenty-first,  twenty-second,  twenty-third 
and  twenty-fourth  wards  of  the  city  of  Buffalo,  as  at  present 
constituted. 

District  number  forty-eight  (48)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  fourth,  fifth,  seventh,  eighth,  ninth, 
tenth,  eleventh,  twelfth,  thirteenth,  fourteenth  and  sixteenth 
wards  of  the  city  of  Buffalo,  as  at  present  constituted. 

District  number  forty-nine  (49)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  seventeenth,  eighteenth  and  twenty- 
fifth  wards  of  the  city  of  Buffalo,  as  at  present;  constituted  j  and 
50 


786  JOURNAL  OF  THE 

all   the   remainder  of  the   said   county   of  Erie   not   hereinbefore 
described. 

District  number  fifty  (50)  shall  consist  of  the  counties  of  Chau- 
tauqua  and  Cattaraugus. 

Section  4.  An  enumeration  of  the  inhabitants  of  the  State  shall 
be  taken  under  the  direction  of  the  Secretary  of  State,  during  the 
months  of  May  and  June,  in  the  year  one  thousand  nine  hundred 
and  five,  and  in  the  same  months  every  tenth  year  thereafter; 
and  the  said  districts  shall  be  so  altered  by  the  Legislature  at  the 
first  regular  session  after  the  return  of  every  enumeration,  that 
each  Senate  district  shall  contain  as  nearly  as  may  be  an  equal 
number  of  inhabitants,  excluding  aliens,  and  be  in  as  compact  form 
as  practicable,  and  shall  remain  unaltered  until  the  return  of 
another  enumeration,  and  shall  at  all  times,  consist  of  contiguous 
territory,  and  no  county  shall  be  divided  in  the  formation  of  a 
Senate  district  except  to  make  two  or  more  Senate  districts  wholly 
in  such  county.  No  town,,  and  no  block  in  a  city  inclosed  by 
streets  or  public  ways,  shall  be  divided  in  the  formation  of 
Senate  districts;  nor  shall  any  district  contain  a  greater  excess 
in  population  over  an  adjoining  district  in  the  same  county,  than 
the  population  of  a  town  or  block  therein,  adjoining  such  district. 
Counties,  towns  or  blocks  which,  from  their  location,,  may  be 
included  in  either  of  two  districts,  shall  be  so  placed  as  to  make 
said  districts  most  nearly  equal  in  number  of  inhabitants,  excluding 
aliens. 

No  county  shall  have  four  or  more  Senators  unless  it  shall  have 
a  full  ratio  for  each  iSenator.  No  county  shall  have  more  than  one- 
third  of  all  the  Senators;  and  no  two  counties  or  the  territory 
thereof  as  now  organized,  which  are  adjoining  counties,  or  which 
are  separated  only  by  public  waters,  shall  have  more  than  one-half 
of  all  the  Senators. 

The  ratio  for  apportioning  Senators  shall  always  be  obtained  by 
dividing  the  number  of  inhabitants,  excluding  aliens,  by  fifty,  and 
the  Senate  shall  always  be  composed  of  fifty  members,  except  that 
if  any  county  having  three  or  more  Senators  at  the  time  of  any 
apportionment  shall  be  entitled  on  such  ratio  to  an  additional  Sen- 
ator or  Senators,  such  additional  Senator  or  Senators  shall  be 
given  to  such  county  in  addition  to  the  fifty  Senators,  and  the 
whole  number  of  Senators  shall  be  increased  to  that  extent 


CONSTITUTIONAL  CONVENTION.  787 

Section  5.  The  members  of  the  Assembly  shall  be  chosen  by  single 
districts,  and  shall  be  apportioned  by  the  Legislature  at  the  first 
regular  session  after  the  return  of  every  enumeration  among  the 
several  counties  of  the  State,  as  nearly  as  may  be  according  to  the 
number  of  their  respective  inhabitants,  excluding  aliens.  Every 
county  heretofore  established  and  separately  organized,  except  the 
county  of  Hamilton,  shall  always  be  entitled  to  one  member  of 
Assembly,  and  no  county  shall  hereafter  be  erected  unless  its  popu- 
lation shall  entitle  it  to  a  member.  The  county  of  Hamilton  shall 
elect  with  the  county  of  Fulton,  until  the  population  of  the  county 
of  Hamilton  shall,  according  to  the  ratio,  entitle  it  to  a  member. 
But  the  Legislature  may  abolish  the  said  county  of  Hamilton  and 
annex  the  territory  thereof  to  some  other  county  or  counties. 

The  quotient  obtained  by  dividing  the  whole  number  of  inhabi- 
tants of  the  State,  excluding  aliens,  by  the  number  of  members  of 
Assembly,  shall  be  the  ratio  for  apportionment,  which  shall  bo 
made  as  follows  :  One  member  of  Assembly  shall  be 
apportioned  to  every  county,  including  Fulton  and  Ham- 
ilton as  one  county,  containing  less  than  the  ratio  and 
one-half  over.  Two  members  shall  be  apportioned  to  every 
other  county.  The  remaining  members  of  Assembly  shall  be 
apportioned  to  the  counties  having  more  than  two  ratios  according 
to  the  number  of  inhabitants,  excluding  aliens.  Members  appor- 
tioned on  remainders  shall  be  apportioned  to  the  counties  having 
the  highest  remainders  in  the  order  thereof  respectively.  No 
countl  shall  have  mbre  members  of  Assembly  than  a  county  having 
a  greater  number  of  inhabitants,  excluding  aliens. 

Until  after  the  next  enumeration,  members  of  the  Assembly 
shall  be  apportioned  to  the  several  counties  as  follows:  Albany  county, 
four  members ;  Allegany  county,  one  member ;  Broome  county," 
two  members;  Cattaraugus  county,  two  members;  Cayuga  county, 
two  members;  Chautauqua  county,  two  members;  Chemung 
county,  one  member ;  Chenarigo  county,  one  member ;  Clinton 
county,  one  member ;  Columbia  county,  one  member ;  Cortland 
county,  one  member ;  Delaware  county,  one  member ;  Dutchess 
county,  two  members ;  Erie  county,  eight  members ;  Essex  county  5 
one  member;  Franklin  county,  one  member;  Fulton  and  Hamilton 
counties,  one  member;  Grenesee  county,  one  member;  Greene 
county,  one  member ;  Herkimer  county,  one  member ;  Jefferson 
county,  two  meml}§rg  j  Kings  county,  twenty-on^  members  ; 


788  JOURNAL  OF  THE 

county,  one  member ;  Livingston  county,  one  member ;  Madison 
county,  one  member;  Monroe  county,  four  members;  Montgomery 
county,  one  member;  New  York  county,  thirty-five  mem- 
bers; Niagara  county,  two  members;  Oneida  county,  three 
members ;  Onondaga  county,  four  members ;  Ontario  county, 
one  member ;  Orange  county,  two  members ;  Orleans  county,  one 
member ;  Oswego  county,  two  members ;  Otsego  county,  one 
member ;  Putnam  county,  one  member ;  Queens  county,  three 
members  ;  Rensselaer  county,  three  members  ;  Richmond  county, 
one  member ;  Rockland  county,  one  member ;  St.  Lawrence 
county,  two  members  ;  Saratoga  county,  one  member  ;  Schenectady 
county,  one  member  ;  Schoharie  county,  one  member  ;  Schuyler 
county,  one  member  ;  Seneca  county,  one  member  ;  Steuben  county, 
two  members ;  Suffolk  county,  two  members ;  Sullivan  county, 
one  member ;  Tioga  county  >  one  member  ;  Tompkins  county,  one 
member ;  Ulster  county,  two  members ;  Warren  county,  one 
member ;  Washington  county,  one  member  ;  Wayne  county,  one 
member ;  Westchester  county,  three  members ;  Wyoming  county, 
one  member,  and  Yates  county,  one  member. 

In  any  county  entitled  to  more  than  one  member,  the  board  of 
supervisors,  and  in  any  city  embracing  an  entire  county  and  having 
no  board  of  supervisors,  the  common  council,  or  if  there  be  none, 
the  body  exercising  the  powers  of  a  common  council, 
shall  assemble  on  the  second  Tuesday  of  June,  one  thousand  eight 
hundred  and  ninety-five,  and  at  such  times  as  the  Legislature 
making  an  apportionment  shall  prescribe,  and  divide  such  counties 
into  Assembly  districts  as  nearly  equal  in  number  of 
inhabitants,  excluding  aliens,  as  may  be,  of  convenient 
and  contiguous  territory  in  as  compact  form  as  practic- 
able, each  of  which  shall  be  wholly  within  a  Senate 
district  formed  under  the  same  apportionment,  equal  to  the 
number  of  members  of  Assembly  to  which  such  county  shall  be 
entitled,  andjshall  cause  to  be  filed  in  the  office  Jof  [the  Secretary  of 
State  and  of  the  clerk  of  such  county,  a  description  of  such  districts, 
specifying  the  number  of  each  district  and  of  the  inhabitants 
thereof,  excluding  aliens,  according  to  the  last  preceding  enum- 
eration'; *and  such?apportionment|and*districtsfshall|remain  unal- 
tered until  another  enumeration  shall  be  made;,  as  herein  pro- 
vided; but  said  division  of  the  city  of  Brooklyn  and  the  county 
of  Kings  to  be  made  on  the  second  Tuesday  of  June,  one  thousand 


CONSTITUTIONAL  CONVENTION.  789 

eight  hundred  and  ninety-five,  shall  be  made  by  the  com- 
mon council  of  the  said  city  and  the  board  of  supervisors  of  said 
county,  assembled  in  joint  session.  In  counties  having  more  than  one 
Senate  district,  the  same  number  of  Assembly  districts  shall  be  put 
in  each  Senate  district,  unless  the  Assembly  districts  cannot  be 
evenly  divided  among  the  Senate  districts  of  any  county,  in  which 
case  one  more  Assembly  district  shall  be  put  in  the  Senate  district 
in  such  county  having  the  largest,  or  one  less  Assembly  district 
shall  be  put  ki  the  Senate  district  in  such  county  having  the  small- 
est number  of  inhabitants,  excluding  aliens,  as  the  case  may 
require.  No  town,  and  no  block  in  a  city  inclosed  by  streets  or 
public  ways,  shall  be  divided  in  the  formation  of  Assembly  dis- 
tricts, nor  shall  any  district  contain  a  greater  excess  in  popula- 
tion over  an  adjoining  district  in  the  same  Senate  district,  than 
the  population  of  a  town  or  block  therein  adjoining  such  assembly 
district.  Towns  or  blocks  which,  from  their  location,  may  be  included 
in  either  of  two  districts,  shall  be  so  placed  as  to  make  said  districts 
most  nearly  equal  in  number  'of  inhabitants,  excluding  aliens ;  but 
in  the  division  of  cities  under  the  first  apportionment,  regard  shall 
be  had  to  the  number  of  [inhabitants,  excluding  aliens,  of  the 
election  districts  according  to  the  State  enumeration  of  one  thou- 
sand eight  hundred  and  ninety-two,  so  far  as  may  be,  instead  of 
blocks.  Nothing  in  this  section  shall  prevent  the  division,  at  any 
time,  of  counties  and  towns,  and  the  erection  of  new  towns  by  the 
Legislature. 

An  apportionment  by  the  Legislature,  or  other  body,  shall 
be  subject  to  review  by  the  Supreme  Court,  at  the  suit  of  any 
citizen,  under  such  reasonable  regulations  as  the  Legislature  may 
prescribe ;  and  any  court  before  which  a  cause  may  be  pending 
involving  an  apportionment,  shall  give  precedence  thereto  over 
all  other  causes  and  proceedings,  and  if  said  court  be  not  in  ses- 
sion it  shall  convene  promptly  for  the  disposition  of  the  same. 

Section  6.  Each  member  of  the  Legislature  shall  receive  for  his 
services  an  annual  salary  of  one  thousand  five  hundred  dollars. 
The  members  of  either  house  shall  also  receive  the  sum  of  one 
dollar  for  every  ten  miles  they  shall  travel  in  going  to  and 
returning  from  their  place  of  meeting,  once  in  each  session,  on 
the  most  usual  route.  Senators,  when  the  Senate  alone  is  con- 
vened in  extraordinary  session,  or  when  serving  as  members  of 
the  Court  for  the  Trial  of  Impeachments,  and  such  members  of 


790  JOURNAL  OF  THE 

the  Assembly,  not  exceeding  nine  in  number,  as  shall  be 
appointed  managers  of  an  impeachment,  shall  receive  an  addi- 
tional allowance  of  ten  dollars  a  day. 

Section  7.  No  member  of  the  Legislature  shall  receive  any  civil 
appointment  within  this  State,  or  the  Senate  of  the  United 
States,  from  the  Governor,  the  Governor  and  Senate,  or  from  the 
Legislature,  or  from  any  city  government,  during  the  time  for 
which  he  shall  have  been  elected;  and  all  such  appointments 
and  all  votes  given  for  any  such  member  for  any  such  office  or 
appointment  shall  be  void. 

Section  8.  No  person  shall  be  eligible  to  the  Legislature,  who  at 
the  time  of  his  election,  is,  or  within  one  hundred  days  previous 
thereto  has  been,  a  member  of  Congress,  a  civil  or  military  officer 
under  the  United  States,  or  an  officer  under  any  city  government. 
And  if  any  person  shall,  after  his  election  as  a  member  of  the 
Legislature,  be  elected  to  Congress,  or  appointed  to  any  office, 
civil  or  military,  under  the  government  of  the  United  States,  or 
unider  any  city  government,  his  acceptance  thereof  shall  vacate 
his  seat. 

Section  9.  The  election  of  Senators  and  members  of  Assem- 
bly, pursuant  to  the  provisions  of  this  Constitution,  shall  be 
held  on  the  Tuesday  succeeding  the  first  Monday  of  November, 
unless  otherwise  directed  by  the  Legislature. 

Section  10.  A  majority  of  each  house  shall  constitute  a  quorum 
to  do  business.  Each  house  shall  determine  the  rules  of  its  own 
proceedings,  and  be  the  judge  of  the  elections,  returns  and  quali- 
fications of  its  own  members;  shall  choose  its  own  officers  ;  and 
the  Senate  shall  choose  a  temporary  President  to  preside  in  case 
of  the  absence  or  impeachment  of  the  Lieutenant-Governor  or 
when  he  shall  refuse  to  act  as  President  or  shall  act  as  Governor. 

Section  11.  Each  house  shall  keep  a  journal  of  its  proceedings, 
and  publish  the  same,  except  such  parts  as  may  require  secrecy. 
The  doors  of  each  house  shall  be  kept  open,  except  when  the 
public  welfare  shall  require  secrecy.  Neither  house  shall,  with- 
out the  consent  of  the  other,  adjourn  for  more  than  two  days. 

Section  12.  For  any  speech  or  debate  in  either  house  of  the 
Legislature,  the  members  shall  not  be  questioned  in  any  other 
place. 

Section  13.  Any  bill  may  originate  in  either  house  of  the 
Legislature,  and  all  bills  passed  by  one  house  may  be  amended 
by  the  other. 


CONSTITUTIONAL  CONVENTION.  791 

Section  14.  The  enacting  clause  of  all  bills  shall  be  "The 
People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows,"  and  no  law  shall  be  enacted 
except  by  bill. 

Section  15.  No  bill  shall  be  passed  or  become  a  law  unless  it 
shall  have  been  printed  and  upon  the  desks  of  the  members,  in 
its  final  form,  at  least  three  calendar  legislative  days  prior  to  its 
final  passage,  unless  the  Governor,  or  the  acting  Governor,  shall 
have  certified  to  the  necessity  of  its  immediate  passage,  under 
his  hand  and  the  seal  of  the  State;  nor  shall  any  bill  be  passed 
or  become  a  law,  except  by  the  assent  of  a  majority  of  the  mem- 
bers elected  to  each  branch  of  the  Legislature;  and  upon  the 
last  reading  of  a  bill,  no  amendment  thereof  shall  be  allowed, 
and  the  question  upon  its  final  passage  shall  be  taken  imme- 
diately thereafter  and  the  yeas  and  nays  entered  on  the  Journal. 

Section  16.  No  private  or  local  bill,  which  may  be  passed  by 
the  Legislature,  shall  embrace  more  than  one  subject,  and  that 
shall  be  expressed  in  the  title. 

Section  17.  No  act  shall  be  passed  which  shall  provide  that 
any  existing  law,  or  any  part  thereof,  shall  be  made  or  deemed  a 
part  of  said  act,  or  which  shall  enact  that  any  existing  law,  or 
part  thereof,  shall  be  applicable,  except  by  inserting  it  in 
such  act. 

Section  18.  The  Legislature  shall  not  pass  a  private  or  local 
bill  in  any  of  the  following  cases  : 

Changing  the  names  of  persons. 

Laying  out,  opening,  altering,  working  or  discontinuing  roads, 
highways  or  alleys,  or  for  draining  swamps  or  other  low  lands. 

Locating  or  changing  county  seats.', 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Incorporating  villages. 

Providing  for  election  of  members  of  boards  of  supervisors. 

Selecting,  drawing,  summoning  or  impaneling  grand  or  petit 
jurors. 

Kegulating  the  rate  of  interest  on  money. 

The  opening  and  conducting  of  elections  or  designating  places 
of  voting. 

Creating,  increasing  or  decreasing  fees,  percentage  or  allow- 
ances of  public  officers,  during  the  term  for  which  said  officers 
are  elected  or  appointed. 


792  JOURNAL  OF  THE 

Granting  to  any  corporation,  association  or  individual  the 
right  to  lay  down  railroad  tracks. 

Granting  to  any  private  corporation,  association  or  individual 
any  exclusive  privilege,  immunity  or  franchise  whatever. 

Providing  for  building  bridges,  and  chartering  companies  for 
such  purposes,  except  on  the  Hudson  river  below  Waterf ord,  and 
on  the  East  river,  or  over  the  waters  forming  a  part  of  the  boun- 
daries of  the  State. 

The  Legislature  shall  pass  general  laws  providing  for  the  cases 
enumerated  in  this  section,  and  for  all  other  cases  which  in  its 
judgment  may  be  provided  for  by  general  laws.  But  no  law  shall 
authorize  the  construction  or  operation  of  a  street  railroad 
except  upon  the  condition  that  the  consent  of  the  owners  of  one- 
half  in  value  of  the  property  bounded  on,  and  the  consent  also  of 
the  local  authorities  having  the  control  of,  that  portion  of  a  street 
or  highway  upon  which  it  is  proposed  to  construct  or  operate 
such  railroad  be  first  obtained,  or  in  case  the  consent  of  such 
property  owners  cannot  be  obtained,  the  Appellate  Division  of  the 
Supreme  Court,  in  the  department  in  which  it  is  proposed  to  be 
constructed,  may,  upon  application,  appoint  three  commissioners 
who  shall  determine,  after  a  hearing  of  all  parties  interested, 
whether  such  railroad  ought  to  be  constructed  or  operated,  and 
their  determination,  confirmed  by  the  court,  may  be  taken  in 
lieu  of  the  consent  of  the  property  owners. 

Section  19.  The  Legislature  shall  neither  audit  nor  allow  any 
private  claim  or  account  against  the  State,  but  may  appropriate 
money  to  pay  such  claims  as  shall  have  been  audited  and  allowed 
according  to  law. 

Section  20.  The  assent  of  two-thirds  of  the  members  elected  to 
each  branch  of  the  Legislature  shall  be  requisite  to  every  bill 
appropriating  the  public  moneys  or  property  for  local  or  private 
purposes. 

Section  21.  No  money  shall  ever  be  paid  out  of  the  treasury  of 
this  State,  or  any  of  its  funds,  or  any  of  the  funds  under  its 
management,  except  in  pursuance  of  an  appropriation  by  law; 
nor  unless  such  payment  be  made  within  two  years  next  after 
the  passage  of  such  appropriation  act;  and  every  such  law 
making  a  new  appropriation,  or  continuing  or  reviving  an  appro- 
priation, shall  distinctly  specify  the  sum  appropriated,  and  the 
object  to  which  it  is  to  be  applied;  and  it  shall  not  be  sufficient 
for  such  law  to  refer  to  any  other  law  to  fix  such  sum. 


CONSTITUTIONAL  CONVENTION.  793 

Section  22.  No  provision  or  enactment  shall  be  embraced  in 
the  annual  appropriation  or  supply  bill,  unless  it  relates  specifi- 
cally to  some  particular  appropriation  in  the  bill;  and  any  such 
provision  or  enactment  shall  be  limited  in  its  operation  to  such 
appropriation. 

Section  23.  Sections  seventeen  and  eighteen  of  this  article 
shall  not  apply  to  any  bill,  or  the  amendments  to  any  bill,  which 
shall  be  reported  to  the  Legislature  by  commissioners  who  have 
been  appointed  pursuant  to  law  to  revise  the  statutes. 

Section  24.  Every  law  which  imposes,  continues  or  revives  a  tax 
shall  distinctly  state  the  tax  and  the  object  to  which  it  is  to  be 
applied,  and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to 
fix  such  tax  or  object. 

Section  25.  On  the  final  passage,  in  either  house  of  the  Legisla- 
ture, of  any  act  which  imposes,  continues  or  revives  a  tax,  or 
creates  a  debt  or  charge,  or  makes,  continues  or  revives  any 
appropriation  of  public  or  trust  money  or  property,  or  releases, 
discharges  or  commutes  any  claim  or  demand  of  the  State,  the 
question  shall  be  taken  by  yeas  and  nays,  which  shall  be  duly 
entered  upon  the  journals,  and  three-fifths  of  all  the  members 
elected  to  either  house  shall,  in  all  such  cases,  be  necessary  to 
constitute  a  quorum  therein. 

Section  20.  There  shall  be  in  the  several  counties,  except  in 
cities  whose  boundaries  are  the  same  as  those  of  the  county,  a 
board  of  supervisors,  to  be  composed  of  such  members,  and 
elected  in  such  manner,  and  for  such  period,  as  is  or  may  be 
provided  by  law.  In  any  such  city  the  duties  and  powers  of  a 
board  of  supervisors  may  be  devolved  upon  the  common  council 
or  board  of  aldermen  thereof. 

Section  27.  The  Legislature  shall,  by  general  laws,  confer  upon 
the  boards  of  supervisors  of  the  several  counties  of  the  State 
such  further  powers  of  local  legislation  and  administration  as 
the  Legislature  may  from  time  to  time  deem  expedient. 

Section  28.  The  Legislature  shall  not,  nor  shall  the  common 
council  of  any  city,  nor  any  board  of  supervisors,  grant  any  extra 
compensation  to  any  public  officer,  servant,  agent  or  contractor. 

Section  29.  The  Legislature  shall,  by  law,  provide  for  the  occu- 
pation and  employment  of  prisoners  sentenced  to  the  several 
State  prisons,  penitentiaries,  jails  and  reformatories  :n  the  State; 
and  on  and  after  the  first  day  of  January,  in  the 


794  JOURNAL  OF 

year  one  thousand  eight  hundred  and  ninety-seven,  no 
person  in  any  such  prison,  penitentiary,  jail  or  reforma- 
tory, shall  be  required  or  allowed  to  work,  while  under 
sentence  thereto,  at  any  trade,  industry  or  occupation, 
wherein  or  whereby  his  work,  or  the  product  or  profit 
of  his  work,  shall  be  farmed  out,  contracted,  given  or  sold 
to  any  person,  firm,  association  or  corporation.  This 
section  shall  not  be  construed  to  prevent  the  Legislature 
from  providing  that  convicts  may  work  for,  and  that  the  pro- 
ducts of  their  labor  may  be  disposed  of  to,  the  State  or  any 
political  division  thereof,  or  for  or  to  any  public  institution 
owned  or  managed  and  controlled  by  the  State,  or  any  political 
division  thereof. 

ARTICLE  IV. 

Section  1.  The  executive  power  shall  be  vested  in  a  Governor, 
who  shall  hold  his  office  for  two  years;  a  Lieutenant-Governor 
shall  be  chosen  at  the  same  time,  and  for  the  same  term.  The 
Governor  and  Lieutenant-Governor  elected  next  preceding  the 
time  when  this  section  shall  take  effect,  shall  hold  office  until 
and  including  the  thirty-first  day  of  December,  one  thousand 
eight  hundred  and  ninety-six,  and  their  successors  shall  be  chosen 
at  the  general  election  in  that  year. 

Section  2.  No  person  shall  be  eligible  to  the  office  of  Governor 
or  Lieutenant-Governor,  except  a  citizen  of  the  United  States, 
of  the  age  of  not  less  than  thirty  years,  and  who  shall  have  been 
five  years  next  preceding  his  election  a  resident  of  this  State. 

Section  3.  The  Governor  and  Lieutenant-Governor  shall  be 
elected  at  the  times  and  places  of  choosing  members  of  the 
Assembly.  The  persons  respectively  having  the  highest  number 
of  votes  for  Governor  and  Lieutenant-Governor  shall  be  elected; 
but  in  case  two  or  more  shall  have  an  equal  and  the  highest 
number  of  votes  for  Governor,  or  for  Lieutenant-Governor,  the 
two  houses  of  the  Legislature  at  its  next  annual  session  shall 
forthwith*  by  joint  ballot,  choose  one  of  the  said  persons  so 
having  an  equal  and  the  highest  number  of  votes  for  Governor 
or  Lieutenant-Governor. 

Section  4.  The  Governor  shall  be  Commander-in-Chief  of  the 
miltiary  and  naval  forces  of  the  State.  He  shall  have  power  to 
convene  the  Legislature,  or  the  Senate  only,  on  extraordinary 
occasions.  At  extraordinary  sessions  no  subject  shall  be  acted 
upon,  except  such  as  the  Governor  may  recommend  for  consid- 


CONSTITUTIONAL  CONVENTION.  795 

eration.  He  shall  communicate  by  message  to  the  Legislature 
at  every  session  the  condition  of  the  State,  and  recommend  such 
matters  to  it  as  he  shall  judge  expedient.  He  shall  transact 
all  necessary  business  with  the  officers  of  government,  civil  and 
military.  He  shall  expedite  all  such  measures  as  may  be 
resolved  upon  by  the  Legislature,  and  shall  take  care  that  the 
laws  are  faithfully  executed.  He  shall  receive  for  hisi  services 
an  annual  salary  of  ten  thousand  dollars,  and  there  shall  be 
provided  for  his  use  a  suitable  and  furnished  executive  residence. 
Section  5.  The  Governor  shall  have  the  power  to  grant 
reprieves,  commutations  and  pardons  after  conviction,  for  all 
offenses  except  treason  and  cases  of  impeachment,  upon  such  con- 
ditions and  with  such  restrictions  and  limitations,  as  he  may  think 
proper,  subject  to  such  regulations  as  may  be  provided  by  law 
relative  to  the  manner  of  applying  for  pardons.  Upon  conviction 
for  treason,  he  shall  have  power  to  suspend  the  execution  of  the 
sentence,  until  the  case  shall  be  reported  to  the  Legislature  at 
its  next  meeting,  when  the  Legislature  shall  either  pardon,  or 
commute  the  sentence,  direct  the  execution  of  the  sentence,  or 
grant  a  further  reprieve.  He  shall  annually  communicate  to  the 
Legislature  each  case  of  reprieve,  commutation  or  pardon 
granted,  stating  the  name  of  the  convict,  the  crime  of  which  he 
was  convicted,  the  sentence  and  its  date,  and  the  date  of  the 
commutation,  pardon  or  reprieve. 

Section  6.  In  case  of  the  impeachment  of  the  Governor,  or  his 
removal  from  office,  death,  inability  to  discharge  the  powers  and 
duties  of  the  said  office,  resignation,  or  absence  from  the  State, 
the  powers  and  duties  of  the  office  shall  devolve  upon  the 
Lieutenant-Governor  for  the  residue  of  the  term,  or  until  the 
disability  shall  cease.  But  when  the  Governor  shall,  with  the 
consent  of  the  Legislature,  be  out  of  the  State,  in  time  of  war, 
at  the  head  of  a  military  force  thereof,  he  shall  continue  Com- 
mander-in-Chief  of  all  the  military  force  of  the  State. 

Section  7.  The  Lieutenant-Governor  shall  possess  the  same 
qualifications  of  eligibility  for  office  as  the  Governor.  He  shall 
be  President  of  the  Senate,  but  shall  have  only  a  casting  vote 
therein.  If  during  a  vacancy  of  the  office  of  Governor,  the 
Lieutenant-Governor  shall  be  impeached,  displaced,  resign,  die, 
or  become  incapable  of  performing  the  duties  of  his  office,  or  be 
absent  from  the  State,  the  President  of  the  Senate  shall  act  as 
Governor  until  the  vacancy  be  filled  or  the  disability  shall  cease; 


796  JOURNAL  OF  THE 

and  if  the  President  of  the  Senate  for  any  of  the  above  causes 
shall  become  incapable  of  performing  the  duties  pertaining  to 
the  office  of  Governor,  the  Speaker  of  the  Assembly  shall  act  as 
Governor  until  the  vacancy  be  filled  or  the  disability  shall  cease. 

Section  8.  The  Lieutenant-Governor  shall  receive  for  his  ser- 
vices an  annual  salary  of  five  thousand  dollars,  and  shall  not 
receive  or  be  entitled  to  any  other  compensation*  fee  or  perquisite, 
for  any  duty  or  service  he  may  be  required  to  perform  by  the  Con- 
stitution or  by  law. 

Section  9.  Every  bill  which  shall  have  passed  the  Senate  and 
Assembly  shall,,  before  it  becomes  a  law,  be  presented  to  the 
Governor;  if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall 
return  it  with  his  objections  to  the  house  in  which  it  shall  have 
originated,  which  shall  enter  the  objections  at  large  on  the 
Journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsidera- 
tion, two-thirds  of  the  members  elected  to  that  house  shall  agree 
to  pass  the  bill,  it  shall  be  sent  together  with  the  objections  to 
the  other  house  by  which  it  shall  likewise  be  reconsidered;  and 
if  approved  by  two-thirds  of  the  members  elected  to  that  house, 
it  shall  become  a  law,  notwithtsanding  the  objections  of  the 
Governor.  In  all  such  cases,  the  votes  in  both  houses  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  members 
voting  shall  be  entered  on  the  Journal  of  each  house  respec- 
tively. If  any  bill  shall  not  be  returned  by  the  Governor  within 
ten  days  (Sundays  excepted)  after  it  shall  have  been  presented 
to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he  had 
signed  it»  unless  the  Legislature  shall,  by  their  adjournment, 
prevent  its  return,  in  which  case  it  shall  not  become  a  law  with- 
out the  approval  of  the  Governor.  No  bill  shall  become  a  law 
after  the  final  adjournment  of  the  Legislature,  unless  approved 
by  the  Governor  within  thirty  days  after  such  adjournment. 
If  any  bill  presented  to  the  Governor  contain  several  items  of 
appropriation  of  money,  he  may  object  to  one  or  more  of  such 
items  while  approving  of  the  other  portion  of  the  bill.  In  such 
case,  he  shall  append  to  the  bill,  at  the  time  of  signing  it,  y 
statement  of  the  items  to  which  he  objects;  and  the  appropria- 
tion so  objected  to  shall  not  take  effect.  If  the  Legislature  be  in 
session,  he  shall  transmit  to  the  house  in  which  the  bill  origi 
nated  a  copy  of  such  statement,  and  the  items  objected  to  shall 
be  separately  reconsidered.  If,  on  reconsideration,  one  or  more 
of  such  items  be  approved  by  two-thirds  of  the  members  elected 


CONSTITUTIONAL  CONVENTION.  797 

to  each  house,  the  same  shall  be  part  of  the  law,  notwithstanding 
the  objections  of  the  Governor.  All  the  provisions  of  this  section, 
in  relation  to  bills  not  approved  by  the  Governor,  shall  apply  in 
cases  in  which  he  shall  withhold  his  approval  from  any  item  or 
items  contained  in  a  bill  appropriating  money. 

ABTICLE  V. 

Section  1.  The  Secretary  of  State,  Comptroller,  Treasurer, 
Attorney-General  and  State  Engineer  and  Surveyor  shall  be 
chosen  at  a  general  election,  at  the  times  and  places  of  electing 
the  Governor  and  Lieutenant-Governor,  and  shall  hold 
their  offices  for  two  years,  except  as  provided  in 
section  two  of  this  article.  Each  of  the  officers 
in  this  article  named,  excepting  the  Speaker  of  the 
Assembly,  shall  at  stated  times  during  his  continuance  in  office, 
receive  for  his  services  a  compensation  which  shall  not  be 
increased  or  diminished  during  the  term  for  which  he  shall  have 
been  elected;  nor  shall  he  receive  to  his  use  any  fees  or  per- 
quisites of  office  or  other  compensation.  No  person  shall  be 
elected  to  the  office  of  State  Engineer  and  Surveyor  who  is  not  a 
practical  civil  engineer. 

Section  2.  The  first  election  of  the  Secretary  of  State,  Comp- 
troller, Treasurer,  Attorney-General  and  State  Engineer  and  Sur- 
veyor, pursuant  to  this  article  shall  be  held  in  the  year  one  thou- 
sand eight  hundred  and  ninety-five,  and  their  terms  of  office  shall 
begin  on  the  first  day  of  January  following,  and  shall  be  for 
three  years.  At  the  general  election  in  the  year  one  thousand 
eight  hundred  and  ninety-eight,  and  every  two  years  thereafter, 
their  successors  shall  be  chosen  for  the  term  of  two  years. 

Section  3.  A  Superintendent  of  Public  Works  shall  be 
appointed  by  the  Governor,  by  and  w  th  the  advice  and  consent  of 
the  Senate,  and  hold  his  office  until  the  end  of  the  term  of  the 
Governor  by  whom  he  was  nominated,  and  until  his  successor 
is  appointed  and  qualified.  He  shall  receive  a  compensation  to 
be  fixed  by  law.  He  shall  be  required  by  law  to  give  security 
for  the  faithful  execution  of  his  office  before  entering  upon  the 
duties  thereof.  He  shall  be  charged  with  the  execution  of  all 
laws  relating  to  the  repair  and  navigation  of  the  canals,  and  also 
of  those  relating  to  the  construction  and  improvement  of  the 
canals,  except  so  far  as  the  execution  of  the  laws  relating  to 
such  construction  or  improvement  shall  be  confided  to  the  State 


798  JOURNAL  OF  THE 

Engineer  and  Surveyor;  subject  to  the  control  of  the  Legis- 
lature, he  shall  make  the  rules  and  regulations  for  the  naviga- 
tion or  use  of  the  canals^  He  may  be  suspended  or  removed 
from  office  by  the  Governor,  whenever,  in  his  judgment,  the 
public  interest  shall  so  require;  but  in  case  of  the  removal  of 
such  Superintendent  of  Public  Works  from  office,  the  Governor 
shall  file  with  the  Secretary  of  State  a  statement  of  the  cause 
of  such  removal,  and  shall  report  such  removal  and  the  cause 
thereof  to  the  Legislature  at  its  next  session.  The  Superin- 
tendent of  Public  Works  shall  appoint  not  more  than  three 
assistant  superintendents,  whose  duties  shall  be  prescribed  by 
him,  subject  to  modification  by  the  Legislature,  and  who  shall 
receive  for  their  services  a  compensation  to  be  fixed  by  law. 
They  shall  hold  their  office  for  three  years,  subject  to  suspension 
or  removal  by  the  Superintendent  of  Public  Works;  whenever, 
in  his  judgment,  the  public  interest  shall  so  require.  Any 
vacancy  in  the  office  of  any  such  assistant  superintendent  shall 
be  filed  for  the  remainder  of  the  term  for  which  he  was 
appointed,  by  the  Superintendent  of  Public  Works;  but  in  case 
of  the  suspension  or  removal  of  any  such  assistant  superintend- 
ent by  him,,  he  shall  at  once  report  to  the  Governor,  in  writing, 
the  cause  of  such  removal.  All  other  persons  employed  in  the 
care  and  management  of  the  canals,  except  collectors  of  tolls, 
and  those  in  the  department  of  the  State  Engineer  and  Surveyor, 
shall  be  appointed  by  the  Superintendent  of  Public  Works,  and 
be  subject  to  suspension  or  removal  by  him.  The  Superin- 
tendent of  Public  Works  shall  perform  all  the  duties 
of  the  former  Canal  Commissioners,  and  Board  of  Canal 
Commissioners,  as  now  declared  by  law,  until  other- 
wise provided  by  the  Legislature.  The  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate,  shall 
have  power  to  fill  vacancies  in  the  office  of  Superin- 
tendent of  Public  Works ;  if  the  Senate  be  not  in  session,  he  may 
grant  commissions  which  shall  expire  at  the  end  of  the  next 
succeeding  session  of  the  Senate. 

Section  4.  A  Superintendent  of  State  Prisons  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  and  hold  his  office  for  five  years,  unless  sooner  removed; 
he  shall  give  security  in  such  amount,  and  with  such  sureties  as 
shall  be  required  by  law  for  the  faithful  discharge  of  his  duties; 
he  shall  have  the  superintendence,  management  anci  control  of 


CONSTITUTIONAL  CONVENTION.  799 

State  prison,  subject  to  such  laws  as  now  exist  or  may  hereafter 
be  enacted;  he  shall  appoint  the  agents,  wardens,  physicians 
and  chaplains  of  the  prisons.  The  agent  and  warden  of  each 
prison  shall  appoint  all  other  officers  of  such  prison,  except  the 
clerk,  subject  to  the  approval  of  the  same  by  the  Superintendent 
The  Comptroller  shall  appoint  the  clerks  of  the  prisons.  The 
Superintendent  shall  have  all  the  powers  and  perform  all  the 
duties  not  inconsistent  herewith,  which  were  formerly  had  and 
performed  by  the  Inspectors  of  State  Prisons.  The  Governor 
may  remove  the  Superintendent  for  cause  at  any  time,  giving 
to  him  a  copy  of  the  charges  against  him,  and  an  opportunity 
to  be  heard  in  his  defense. 

Section  5.  The  Lieutenant-Governor,  Speaker  of  the  Assembly, 
Secretary  of  State,  Comptroller,  Treasurer,  Attorney-General  and 
State  Engineer  and  Surveyor  shall  be  the  Commissioners  of  the 
Land  Office.  The  Lientenant-Governor,  Secretary  of  State,  Comp- 
troller, Treasurer  and  Attorney-General  shall  be  the  Commis- 
sioners of  the  Canal  Fund.  The  Canal  Board  shall  consist  of  the 
Commissioners  of  the  Canal  Fund  the  State  Engineer  and  Sur- 
veyor, and  the  Superintendent  of  Public  Works. 

Section  6.  The  powers  and  duties  of  the  respective  boards,  and 
of  the  several  officers  in  this  article  mentioned,  shall  be  such  as 
now  are  or  hereafter  may  be  prescribed  by  law. 

Section  7.  The  Treasurer  may  be  suspended  from  office  by  the 
Governor,  during  the  recess  of  the  Legislature,  and  until  thirty 
days  after  the  commencement  of  the  next  session  of  the  Legisla- 
ture, whenever  it  shall  appear  to  him  that  such  Treasurer  has, 
in  any  particular,  violated  his  duty.  The  Governor  shall  appoint 
a  competent  person  to  discharge  the  duties  of  the  office  during 
such  suspension  of  the  Treasurer. 

Section  8.  All  offices  for  the  weighing,  gauging,  measuring,  cull- 
ing or  inspecting  any  merchandise,,  produce,  manufacture  or  com- 
modity whatever,  are  hereby  abolished;  and  no  such  office  shall 
hereafter  be  created  by  law;  but  nothing  in  this  section  con- 
tained shall  abrogate  any  office  created  for  the  purpose  of  pro- 
tecting the  public  health  or  the  interests  of  the  State  in  its  prop- 
erty, revenue,  tolls  or  purchases,  or  of  supplying  the  people  with 
correct  standards  of  weights  and  measures,  or  shall  prevent  the 
creation  of  any  office  for  such  purposes  hereafter. 

Section  9.  Appointments  and  promotions  in  the  civil  service 
of  the  State,  and  of  all  the  civil  divisions  thereof,  including  cities 


800  JOURNAL  OF  THE 

and  villages,  shall  be  made  according  to  merit  and  fitness  to  be 
ascertained,  so  far  as  practicable,  by  examinations,  which,  so  far 
as  practicable  shall  be  competitive;  provided,  however,  that 
honorably  discharged  soldiers  and  sailors  from  the  army  and 
navy  of  the  United  States  in  the  late  civil  war,  who  are  citizens 
and  residents  of  this  State,  shall  be  entitled  to  preference  in 
appointment  and  promotion,  without  regard  to  their  standing 
on  any  list  from  which  such  appointment  or  promotion  may  be 
made.  Laws  shall  be  made  to  provide  for  the  enforcement  of 
this  section. 

ARTICLE  VI. 

Section  1.  The  Supreme  Court  is  continued  with  general 
jurisdiction  in  law  and  equity,  subject  to  such  appellate  jurisdic- 
tion of  the  Court  of  Appeals  as  now  is  or  may  be  prescribed  by 
law  not  inconsistent  with  this  article.  The  existing  judicial  dis- 
tricts of  the  State  are  continued  until  changed  as  hereinafter 
provided.  The  Supreme  Court  shall  consist  of  the  justices  now 
in  office,  and  of  the  judges  transferred  thereto  by  the  fifth 
section  of  this  article,  all  of  whom  shall  continue  to 
be  justices  of  the  Supreme  Court  during  their  respective 
terms,  and  of  twelve  additional  justices  who  shall  reside  in 
and  be  chosen  by  the  electors  of,  the  several  existing  judicial 
districts,  three  in  the  first  district,  three  in  the  second,  and  one 
in  each  of  the  other  districts;  and  of  their  successors.  The  suc- 
cessors of  said  justices  shall  be  chosen  by  the  electors  of  their 
respective  judicial  districts.  The  Legislature  may  alter  the 
judicial  districts  once  after  every  enumeration  under  the  Con- 
stitution, of  the  inhabitants  of  the  State,  and  thereupon  reappor- 
tion  the  justices  to  be  thereafter  elected  in  the  districts  so  altered. 

Section  2.  The  Legislature  shall  divide  the  State  into  four  judi- 
cial departments.  The  first  department  shall  consist  of  the 
county  of  New  York;  the  others  shall  be  bounded  by  county 
lines,  and  be  compact  and  equal  in  population  as  nearly  as  may 
be.  Once  every  ten  years  the  Legislature  may  alter  the  judicial 
departments,  but  without  increasing  the  number  thereof. 

There  shall  be  an  Appellate  Division  of  the  Supreme  Court,  con- 
sisting of  seven  justices  in  the  first  department,  and  of  five 
justices  in  each  of  the  other  departments.  In  each  department 
four  shall  constitute  a  quorum,  and  the  concurrence  of  three  shall 
be  necessary  to  a  decision.  'No  more  than  five  justices  shall 
sit  in  any  case.  ( 


CONSTITUTIONAL  CONVENTION.  801 

From  all  the  justices  elected  to  the  Supreme  Court  the  Gover- 
nor shall  designate  those  who  shall  constitute  the  Appellate 
Division  in  each  department;  and  he  shall  designate  the  pre- 
siding justice  thereof,  who  shall  act  as  such  during  his  term  of 
office,  and  shall  be  a  resident  of  the  department.  The  other  jus- 
tices shall  be  designated  for  terms  of  five  years,  or  the  unexpired 
portions  of  their  respective  terms  of  office,  if  less  than  five  years. 
From  time  to  time  as  the  terms  of  such  designations  expire,  or 
vacancies  occur,  he  shall  make  new  designations.  He  may 
also  make  temporary  designations  in  case  of  the  absence 
on  inability  to  act,  of  any  justice  in  the  Appellate  Division. 
A  majority  of  the  judges  designated  to  sit  in  the  Appel- 
late Division  in  each  department  shall  be  residents  of  the 
department.  Whenever  the  Appellate  Division  in  any  depart- 
ment shall  be  unable  to  dispose  of  its  business  within  a  reason- 
able time,  a  majority  of  the  presiding  justices  of  the  several 
departments  at  a  meeting  called  by  the  presiding  justice  of  the 
department  in  arrears  may  transfer  any  pending  appeals  from 
such  department  to  any  other  department  for  hearing  and  deter- 
mination. No  justice  of  the  Appellate  Division  shall  exercise 
any  of  the  powers  of  a  justice  of  the  Supreme  Court,  other  than 
those  of  a  justice  out  of  court,  and  those  pertaining  to  the  Appel- 
late Division  or  to  the  hearing  and  decision  of  motions  submitted 
by  consent  of  counsel.  From  and  after  the  last  day  of  Decem- 
ber, one  thousand  eight  hundred  and  ninety-five,  the  Appellate 
Division  shall  have  the  jurisdiction  now  exercised  by  the  Supreme 
Court  at  its  General  Terms,  and  by  the  General  Terms  of  the 
Court  of  Common  Pleas  for  the  City  and  County  of  New  York, 
the  Superior  Court  of  the  city  of  New  York,  the  Superior  Court 
of  Buffalo  and  the  City  Court  of  Brooklyn,  and  such  additional 
jurisdiction  as  may  be  conferred  by  the  Legislature.  It  shall 
have  power  to  appoint  and  remove  a  reporter. 

The  justice  of  the  Appellate  Division  in  each  department 
shall  have  power  to  fix  the  times  and  places  for  holding  Special 
and  Trial  Terms  therein,  and  to  assign  the  justices  in  the  depart- 
ments to  hold  such  terms;  or  to  make  rules  therefor. 

Section  3.  No  judge  or  justice  shall  sit  in  the  Appellate  Divis- 
ion or  in  the  Court  of  Appeals  in  review  of  a  decision  made  by  him 
or  by  any  court  of  which  he  was  at  the  time  a  sitting  member. 
The  testimony  in  equity  cases  shall  be  taken  in  like  manner  as 
in  cases  at  law;  and,  except  as  herein  otherwise  provided,  the 
51 


802  JOURNAL  OF  THE 

Legislature  shall  have  the  same  power  to  alter  and  regulate  the 
jurisdiction  and  proceedings  in  law  and  in  equity  that  it  has 
heretofore  exercised. 

Section  4.  The  official  terms  of  the  justices  of  the  Supreme 
Court  shall  be  fourteen  years  from  and  including  the  first  day  of 
January  next  after  their  election.  When  a  vacancy  shall  occur 
otherwise  than  by  expiration  of  term  in  the  office  of  justice  of 
the  Supreme  Court  the  same  shall  be  filled  for  a  full  term,  at  the 
next  general  election,  happening  not  less  than  three  months 
after  such  vacancy  occurs;  and,  until  the  vacancy  shall  be  »o 
filled,  the  Governor  by  and  with  the  advice  and  consent  of  the 
Senate,  if  the  Senate  shall  be  in  session,  or  if  not  in  session  the 
Governor,  may  fill  such  vacancy  by  appointment,  which  shall 
continue  until  and  including  the  last  day  of  December  next  after 
the  election  at  which  the  vacancy  shall  be  filled. 

Section  5.  The  Superior  Court  of  the  City  of  New  York,  the  Court 
of  Common  Pleas  for  the  City  and  County  of  New  York,  the 
Superior  Court  of  Buffalo,  and  the  City  Court  of  Brooklyn,  are 
abolished  from  and  after  the  first  day  of  January,  one 
thousand  eight  hundred  and  ninety-six,  and  thereupon 
the  seals,  records,  papers  and  documents  of  or  belong- 
ing to  such  courts,  shall  be  deposited  in  the  office  of  the  clerks 
of  the  several  counties  in  which  said  courts  now  exist;  and  all 
actions  and  proceedings  then  pending  in  such  courts  shall  be 
transferred  to  the  Supreme  Court  for  hearing  and  determination. 
The  judges  of  said  courts  in  office  on  the  first  day  of  January, 
one  thousand  eight  hundred  and  ninety-six,  shall, 
for  the  remainder  of  the  terms  for  which  they  were 
elected  or  appointed,  be  justices  of  the  Supreme  Court; 
but  they  shall  sit  only  in  the  counties  in  which  they  were 
elected  or  appointed.  Their  salaries  shall  be  paid  by  the  said 
counties  respectively,  and  shall  be  the  same  as  the  salaries  of  the 
other  justices  of  the  Supreme  Court  residing  in  the  same  coun- 
ties. Their  successors  shall  be  elected  as  justices  of  the  Supreme 
Court  by  the  electors  of  the  judicial  districts  in  which  they 
respectively  reside. 

The  jurisdiction  now  exercised  by  the  several  courts  hereby 
abolished,  shall  be  vested  in  the  Supreme  Court.  Appeals  from 
inferior  and  local  courts  now  heard  in  the  Court  of  Common 
Pleas  for  the  City  and  County  of  New  York  and  the  Superior 


CONSTITUTIONAL  CONVENTION.  803 

Court  of  Buffalo,  shall  be  heard  in  the  Supreme  Court  in  such 
manner  and  by  such  justice  or  justices  as  the  Appellate  Divisions 
in  the  respective  departments  which  include  New  York  and 
Buffalo  shall  direct,  unless  otherwise  provided  by  the  Legislature. 

Section  6.  Circuit  Courts  and  Courts  of  Oyer  and  Terminer  are 
abolished  from  and  after  the  last  day  of  December, 
one  thousand  eight  hundred  and  ninety-five.  All 
their  jurisdiction  shall  thereupon  be  vested  in  the 
Supreme  Court,  and  all  actions  and  proceedings  then  pending 
in  such  courts  shall  be  transferred  to  the  Supreme  Court  for 
hearing  and  determination.  Any  justice  of  the  Supreme  Court, 
except  as  otherwise  provided  in  this  article,  may  hold  court  in 
any  county. 

Section  7.  The  Court  of  Appeals  is  continued.  It  shall  consist 
of  the  chief  judge  and  associate  judges  now  in  office,  who  shall 
hold  their  offices  until  the  expiration  of  their  respective  terms, 
and  their  successors,  who  shall  be  chosen  by  the  electors  of  the 
State.  The  official  terms  of  the  chief  judge  and  associate 
judges  shall  be  fourteen  years  from  and  including  the  first  day  of 
January  next  after  their  election.  Five  members  of  the  court 
shall  form  a  quorum,  and  the  concurrence  of  four  shall  be  neces- 
sary to  a  decision.  The  court  shall  have  power  to  appoint  and  to 
remove  its  reporter,  clerk  and  attendants. 

Section  8.  When  a  vacancy  shall  occur  otherwise  than  by  expira- 
tion of  term,  in  the  office  of  chief  or  associate  judge  of  the  Court 
of  Appeals,  the  same  shall  be  filled,  for  a  full  term,  at  the  next 
general  election  happening  not  less  than  three  months  after  such 
vacancy  occurs;  and  until  the  vacancy  shall  be  so  filled,  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  ,if 
the  Senate  shall  be  in  session,  or  if  not  in  session  the  Governor 
may  fill  such  vacancy  by  appointment.  If  any  such  appointment 
of  chief  judge  shall  be  made  from  among  the  associate  judges, 
a  temporary  appointment  of  associate  judge  shall  be  made  in 
like  manner;  but  in  such  case,  the  person  appointed  chief  judge 
shall  not  be  deemed  to  vacate  his  office  of  associate  judge  any 
longer  than  until  the  expiration  of  his  appointment  as  chief 
judge.  The  powers  and  jurisdiction  of  the  court  shall  not  be 
suspended  for  want  of  appointment  or  election,  when  the  num- 
ber of  judges  is  sufficient  to  constitute  a  quorum.  Ail  appoint- 
ments under  this  section  shall  continue  until  and  including  the 


804  JOURNAL  OF  THE 

last  day  of  December  next  after  the  election  at  which  the  vacancy 
shall  be  filled. 

Section  9.  After  the  last  day  of  December,  one  thousand  eight 
hundred  and  ninety-five,  the  jurisdiction  of  the  Court  of  Appeals, 
except  where  the  judgment  is  of  death,  shall  be  limited  to  the 
review  of  questions  of  law.  No  unanimous  decision  of  the 
Appellate  Division  of  the  Supreme  Court  that  there  is  evidence 
supporting  or  tending  to  sustain  a  finding  of  fact  or  a  verdict  not 
directed  by  the  court,  shall  be  reviewed  by  the  Court  of  Appeals. 
Except  where  the  judgment  is  of  death,  appeals  may  be  taken,  as  of 
right,  to  said  court  only  from  judgments  or  orders  entered  upon 
decisions  of  the  Appellate  Division  of  the  Supreme  Court,  finally 
determining  actions  or  special  proceedings,  and  from  orderi 
granting  new  trials  on  exceptions,  where  the  appellants  stipu- 
late that  upon  affirmance  judgment  absolute  shall  be  rendered 
against  them.  The  Appellate  Division  in  any  department  may 
however,  allow  an  appeal  upon  any  question  of  law  which,  in  its 
opinion,  ought  to  be  reviewed  by  the  Court  of  Appeals. 

The  Legislature  may  further  restrict  the  jurisdiction  of  the 
Court  of  Appeals  and  the  right  of  appeal  thereto,  but  the  right  to 
appeal  shall  not  depend  upon  the  amount  involved. 

The  provisions  of  this  section  shall  not  apply  to  orders  made 
or  judgments  rendered  by  any  General  Term  before  the  last  day 
of  December,  one  thousand  eight  hundred  and  ninety-five,  but 
appeals  therefrom  may  be  taken  under  existing  provisions  of  law. 

Section  10.  The  judges  of  the  Court  of  Appeals  and  the  justices 
of  the  Supreme  Court  shall  not  hold  any  other  office  or  public 
trust.  All  votes  for  any  of  them,  for  any  other  than  a  judicial 
office,  given  by  the  Legislature  or  the  people,  shall  be  void. 

Section  11.  Judges  of  the  Court  of  Appeals  and  justices  of  the 
Supreme  Court,  may  be 'removed  by  concurrent  resolution  of  both 
houses  of  the  Legislature,  if  two-thirds  of  all  the  members  elected 
to  each  house  concur  therein.  All  other  judicial  officers,  except 
justices  of  the  peace  and  judges  or  justices  of  inferior  courts  not 
of  record,  may  be  removed  by  the  Senate,  on  the  recommendation 
of  the  Governor,  if  two-thirds  of  all  the  members  elected  to  the 
Senate  concur  therein.  But  no  officer  shall  be  removed  by  virtue 
of  this  section  except  for  cause,  which  shall  be  entered  on  the 
Journals  nor  unless  he  shall  have  been  served  with  a  statement 
of  the  cause  alleged,  and  shall  have  had  an  opportunity  to  be 


CONSTITUTIONAL  CONVENTION.  805 

heard.    On  the  question  of  removal,  the  yeas  and  nays  shall  be 
entered  on  the  Journal. 

Section  12.  The  judges  and  justices  hereinbefore  mentioned 
shall  receive  for  their  services  a  compensation  established  by 
law,  which  shall  not  be  increased  or  diminished  during  their  offi- 
cial terms,  except  as  provided  in  section  five  of  this  article.  No 
person  shall  hold  the  office  of  judges  or  justice  of  any 
court  longer  than  until  and  including  the  last  day  of 
December  next  after  he  shall  be  seventy  years  of  age. 
No  judge  or  justice  elected  after  the  first  day  of  January, 
one  thousand  eight  hundred  and  ninety-four,  shall  be 
entitled  to  receive  any  compensation  after  the  last 
day  of  December  next  after  he  shall  be  seventy  years  of  age; 
but  the  compensation  of  every  judge  of  the  Court  of  Appeals 
or  justice  of  the  Supreme  Court  elected  prior  to  the  first  day  of 
January,  one  thousand  eight  hundred  and  ninety-four, 
whose  term  of  office  has  been,  or  whose  present 
term  of  office  shall  be,  so  abridged,  and  who  shall  have  served  as 
such  judge  or  justice  ten  years  or  more,  shall  be  continued  dur- 
ing the  remainder  of  the  term  for  which  he  was  elected;  but  any 
such  judge  or  justice  may,  with  his  consent,  be  assigned  by  the 
Governor,  from  time  to  time,  to  any  duty  in  the  Supreme  Court 
while  his  compensation  is  so  continued. 

Section  13.  The  Assembly  shall  have  the  power  of  impeachment, 
by  a  vote  of  a  majority  of  all  the  members  elected.  The  Court 
for  the  Trial  of  Impeachments  shall  be  composed  of  the  President 
of  the  Senate,  the  Senators,  or  the  major  part  of  them,  and  the 
judges  of  the  Court  of  Appeals,  or  the  major  part  of  them.  On 
the  trial  of  an  impeachment  against  the  Governor  or  Lieutenant- 
Governor,  the  Lieutenant-Governor  shall  not  act  as  a  member  of 
the  court.  No  judicial  officer  shall  exercise  his  office,  after 
articles  of  impeachment  against  him  shall  have  been  preferred 
to  the  Senate,  until  he  shall  have  been  acquitted.  Before  the 
trial  of  an  impeachment  the  members  of  the  court  shall  take  an 
oath  or  affirmation  truly  and  impartially  to  try  the  impeachment 
according  to  the  evidence,  and  no  person  shall  be  convicted  with- 
out the  concurrence  of  two-thirds  of  the  members  present.  Judg- 
ment in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  or  removal  from  office  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust  or  profit  under  this 


806  JOURNAL  OF  THE 

State;  but  the  party  impeached  shall  be  liable  to  indictment  and 
punishment  according  to  law. 

Section  14.  The  existing  County  Courts  are  continued,  and  the 
judges  thereof  now  in  office  shall  hold  their  offices  until  the 
expiration  of  their  respective  terms.  In  the  county  of  Kings 
there  shall  be  two  county  judges  and  the  additional  county 
judge  shall  be  chosen  at  the  next  general  election  held  after  the 
adoption  of  this  article.  The  successors  of  the  several  county 
judges  shall  be  chosen  by  the  electors  of  the  counties  for  the 
term  of  six  years.  County  Courts  shall  have  the  powers  and  jur- 
isdiction they  now  possess,  and  also  original  jurisdiction  in 
actions  for  the  recovery  of  money  only,  where  the  defendants 
reside  in  the  county,  and  in  which  the  complaint  demands  judg- 
ment for  a  sum  not  exceeding  two  thousand  dollars.  The  Legisla- 
ture may  hereafter  enlarge  or  restrict  the  jurisdiction  of  the 
County  Courts,  provided,  however,  that  their  jurisdiction  shall 
not  be  so  extended  as  to  authorize  an  action  therein  for  the 
recovery  of  money  only,  in  which  the  sum  demanded  exceeds  two 
thousand  dollars,  or  in  which  any  person  not  a  resident  of  the 
county  is  a  defendant. 

Courts  of  Sessions,  except  ID  the  county  of  New  York, 
Are  abolished  from  and  after  the  last  day  of  December^ 
one  thousand  eight  hundred  and  ninety-five.  All  the 
jurisdiction  of  the  Court  of  Sessions  in  each  county,  except 
the  county  of  New  York,  shall  thereupon  be  vested  in  the  County 
Court  thereof,  and  all  actions  and  proceedings  then  pending  in 
such  Courts  of  Sessions  shall  be  transferred  to  said  County 
Courts  for  hearing  and  determination.  Every  county  judge 
shall  perform  such  duties  as  may  be  required  by  law.  His  salary 
shall  be  established  by  law,  payable  out  of  the  county  treasury. 
A  county  judge  of  any  county  may  hold  County  Courts  in  any 
other  county  when  requested  by  the  judge  of  such  other  county. 

Section  15.  The  existing  Surrogates'  Courts  are  continued,  and 
the  surrogates  now  in  office  shall  hold  their  offices  until  the 
expiration  of  their  terms.  Their  successors  shall  be  chosen  by 
the  electors  of  their  respective  counties,  and  their  terms  of  office 
shall  be  six  years,  except  in  the  county  of  New  York,  where 
they  shall  continue  to  be  fourteen  years.  Surrogates  and 
Surrogates'  Courts  shall  have  the  jurisdiction  and  powers  which 
the  surrogates  and  existing  Surrogates'  Courts  now  possess, 
until  otherwise  provided  by  the  Legislature.  The  county 


CONSTITUTIONAL  CONVENTION.  807 

judge  shall  be  surrogate  of  his  county,  except  where  a  separate 
surrogate  has  been  or  shall  be  elected.  In  counties  having  a 
population  exceeding  forty  thousand,  wherein  there  is  no  separate 
surrogate,  the  Legislature  may  provide  for  the  election  of  a 
separate  officer  to  be  surrogate,  whose  term  of  office  shall  be  six 
years.  When  the  surrogate  shall  be  elected  as  a  separate  officer 
his  salary  shall  be  established  by  law,  payable  out  of  the  county 
treasury.  No  county  judge  or  surrogate  shall  hold  office  longer 
than  until  and  including  the  last  day  of  December  next  after  he 
shall  be  seventy  years  of  age.  Vacancies  occurring  in  the  office 
of  county  judge  or  surrogate  shall  be  filled  in  the  same  man- 
ner as  like  vacancies  occurring  in  the  Supreme  Court.  The 
compensation  of  any  county  judge  or  surrogate  shall  not  be 
increased  or  diminished  during  his  term  of  office.  For  the  relief 
of  Surrogates'  Courts  the  Legislature  may  confer  upon  the 
Supreme  Court  in  any  county  having  a  population  exceeding  four 
hundred  thousand,  the  powers  and  jurisdiction  of  surrogates, 
with  authority  to  try  issues  of  fact  by  jury  in  probate  cases. 

Section  16.  The  Legislature  may,  on  application  of  the  board  of 
supervisors,  provide  for  the  election  of  local  officers,  not  to  exceed 
two  in  any  county,  to  discharge  the  duties  of  county  judge  and 
of  surrogate,  in  cases  of  their  inability  or  of  a  vacancy,  and  in 
such  other  cases  as  may  be  provided  by  law,  and  to  exercise  such 
other  powers  in  special  cases  as  are  or  may  be  provided  by  law. 

Section  17.  The  electors  of  the  several  towns  shall,  at  their 
annual  town  meetings,  or  at  such  other  time  and  in  such  manner 
as  the  Legislature  may  direct,  elect  justices  of  the  peace,  whose 
term  of  office  shall  be  four  years.  In  case  of  an  election  to  fill  a 
vacancy  occurring  before  the  expiration  of  a  .full  term,  they  shall 
hold  for  the  residue  of  the  unexpired  term.  Their  number  and 
classification  may  be  regulated  by  law.  Justices  of  the  peace 
and  judges  or  justices  of  inferior  courts  not  of  record,  and  their 
clerks,  may  be  removed  for  cause,  after  due  notice  and  an  oppor- 
tunity of  being  heard,  by  such  courts  as  are  or  may  be  prescribed 
by  law.  Justices  of  the  peace  and  District  Court  justices  may  be 
elected  in  the  different  cities  of  this  State  in  such  manner,  and  with 
such  powers,  and  for 'such  terms,  respectively,  as  are  or  shall  be 
prescribed  by  law;  all  other  judicial  officers  in  cities,  whose 
election  or  appointment  is  not  otherwise  provided  for  in  this 
article,  shall  be  chosen  by  the  electors  of  such  cities,  or  appointed 
by  some  local  authorities  thereof. 


808  JOURNAL  OF  THE 

Section  18.  Inferior  local  courts  of  civil  and  criminal  jurisdic- 
tion may  be  established  by  the  Legislature,  but  no  inferior  local 
court  hereafter  created  shall  be  a  court  of  record.  The 
Legislature  shall  not  hereafter  confer  upon  any  inferior  or  local 
court  of  its  creation,  any  equity  jurisdiction  or  any  greater  juris- 
diction in  other  respects  than  is  conferred  upon  County  Courts 
by  or  under  this  article.  Except  as  herein  otherwise  provided, 
all  judicial  officers  shall  be  elected  or  appointed  at  such  times 
and  in  such  manner  as  the  Legislature  may  direct 

Section  19.  Clerks  of  the  several  counties  shall  be  clerks  of  the 
Supreme  Court,  with  such  powers  and  duties  as  shall  be  pre- 
scribed by  law.  The  justices  of  the  Appellate  Division  in  each 
department  shall  have  power  to  appoint  and  to  remove  a  clerk 
who  shall  keep  his  office  at  a  place  to  be  designated  by  said 
justices.  The  clerk  of  the  Court  of  Appeals  shall  keep  his  office 
at  the  seat  of  government.  The  clerk  of  the  Court  of  Appeals 
and  the  clerks  of  the  Appellate  Division  shall  receive  compensa- 
tion to  be  established  by  law  and  paid  out  of  the  public  treasury. 

Section  20.  No  judicial  officer,  except  justices  of  the  peace, 
shall  receive  to  his  own  use  any  fees  or  perquisites  of  office; 
nor  shall  any  judge  of  the  Court  of  Appeals,  or  justice  of  the 
Supreme  Court,  or  any  county  judge  or  surrogate  hereafter 
elected  in  a  county  having  a  population  exceeding  one  hundred 
and  twenty  thousand,  practice  as  an  attorney  or  counselor  in  any 
court  of  record  in  this  State,  or  act  as  referee.  The  Legislature 
may  impose  a  similar  prohibition  upon  county  judges  and  sur- 
rogates in  other  counties.  No  one  shall  be  eligible  to  the  office 
of  judge  of  the  Court  of  Appeals,  justice  of  the  Supreme  Court, 
or,  except  in  the  county  of  Hamilton,  to  the  office  of  county 
judge  or  surrogate,  who  is  not  an  attorney  and  counselor  of  this 
State. 

Section  21.  The  Legislature  shall  provide  for  the  speedy  publi- 
cation of  all  statutes,  and  shall  regulate  the  reporting  of  the 
decisions  of  the  courts;  but  all  laws  and  judicial  decisions  shall 
be  free  for  publication  by  any  person. 

Section  22.  Justices  of  the  peace  and  other  local  judicial  officers 
provided  for  in  sections  seventeen  and  eighteen  in  office  when 
this  article  takes  effect,  shall  hold  their  offices  until  the  expira- 
tion of  their  respective  terms. 


CONSTITUTIONAL  CONVENTION.  809 

Section  23.  Courts  of  Special  Sessions  shall  have  such  jurisdic- 
tion of  offenses  of  the  grade  of  misdemeanors  as  may  be  pre- 
scribed by  law. 

ARTICLE  VH. 

Section  1.  The  credit  of  the  State  shall  not  in  any  manner  be 
given  or  loaned  to  or  in  aid  of  any  individual,  association  or 
corporation. 

Section  2.  The  State  may,  to  meet  casual  deficits  or  failures  in 
revenues,  or  for  expenses  not  provided  for,  contract  debts;  but 
such  debts,  direct  or  contingent,  singly  or  in  the  aggregate,  shall 
not  at  any  time  exceed  one  million  of  dollars;  and  the  moneys 
arising  from  the  loans  creating  such  debts  shall  be  applied  to 
the  purpose  for  which  they  were  obtained,  or  to  repay  the  debt 
so  contracted,  and  to  no  other  purpose  whatever. 

Section  3.  In  addition  to  the  above  limited  power  to  contract 
debts,  the  State  may  contract  debts  to  repel  invasion,  suppress 
insurrection,  or  defend  the  State  in  war;  but  the  money  arising 
from  the  contracting  of  such  debts  shall  be  applied  to  the  pur- 
pose for  which  it  was  raised,  or  to  repay  such  debts,  and  to  no 
other  purpose  whatever. 

Section  4.  Except  the  debts  specified  in  sections  two  and 
three  of  this  article,  no  debts  shall  be  hereafter 
contracted  by  or  on  behalf  of  this  State,  unless 
such  debt  shall  be  authorized  by  a  law,  for  some  single 
work  or  object,  to  be  distinctly  specified  therein;  and  such 
law  shall  impose  and  provide  for  the  collection  of  a  direct 
annual  tax  to  pay,  and  sufficient  to  pay,  the  interest  on 
such  debt  as  it  falls  due,  and  also  to  pay  and  discharge 
the  principal  of  such  debt  within  eighteen  years  from  the 
time  of  the  contracting  thereof.  No  such  law  shall  take  effect 
until  it  shall,  at  a  general  election,  have  been  submitted  to  the 
people,  and  have  received  a  majority  of  all  the  votes  cast  for 
and  against  it  at  such  election.  On  the  final  passage  of  such 
bill  in  either  house  of  the  Legislature,  the  question  shall  be  taken 
by  ayes  and  noes,  to  be  duly  entered  on  the  Journals  thereof,  and 
shall  be:  "  Shall  this  bill  pass,  and  ought  the  same  to  receive  the 
sanction  of  the  people  ?" 

The  Legislature  may  at  any  time,  after  the  approval  of  such 
law  by  the  people,  if  no  debt  shall  have  been  contracted  in  pur- 
suance thereof,  repeal  the  same;  and  may  at  any  time,  by  law, 


810  JOURNAL  OF  THE 

forbid  the  contracting  of  any  further  debt  or  liability  under  such 
law;  but  the  tax  imposed  by  such  act,  in  proportion  to  the  debt 
and  liability  which  may  have  been  contracted,  in  pursuance  of 
such  law,  shall  remain  in  force  and  be  irrepealable,  and  be 
annually  collected,  until  the  proceeds  thereof  shall  have  made  the 
provision  hereinbefore  specified  to  pay  and  discharge  the  interest 
and  principal  of  such  debt  and  liability.  The  money  arising 
from  any  loan  or  stock  creating  such  debt  or  liability  shall  be 
applied  to  the  work  or  object  specified  in  the  act  authorizing 
such  debt  or  liability,  or  for  the  repayment  of  such  debt  or  lia- 
bility, and  for  no  other  purpose  whatever.  No  such  law  shall  be 
submitted  to  be  voted  on,  within  three  months  after  its  passage, 
or  at  any  general  election  when  any  other  law,  or  any  bill,  or  any 
amendment  to  the  Constitution,  shall  be  submitted  to  be  voted  for 
or  against. 

Section  5.  The  sinking  funds  provided  for  the  payment  of  inter- 
est and  the  extinguishment  of  the  principal  of  the  debts  of  the 
State  shall  be  separately  kept  and  safely  invested,  and  neither  of 
them  shall  be  appropriated  or  used  in  any  manner  other  than 
for  the  specific  purpose  for  which  it  shall  have  been  provided. 

Section  6.  Neither  the  Legislature,  Canal  Board,  nor  any  per- 
son or  persons  acting  in  behalf  of  the  State,  shall  audit,  allow, 
or  pay  any  claim  which,  as  between  citizens  of  the  State,  would 
be  barred  by  lapse  of  time.  This  provision  shall  not  be  con- 
strued to  repeal  any  statute  fixing  the  time  within  which  claims 
shall  be  presented  or  allowed,  nor  shall  it  extend  to  any  claims 
duly  presented  within  the  time  allowed  by  law,  and  prosecuted 
with  due  diligence  from  the  time  of  such  presentment.  But  if 
the  claimant  shall  be  under  legal  disability,  the  claim  may  be 
presented  within  two  years  after  such  disability  is  removed. 

Section  7.  The  lands  of  the  State,  now  owned  or  hereafter 
acquired,  constituting  the  forest  preserve  as  now  fixed  by  law, 
shall  be  forever  kept  as  wild  forest  lands.  They  shall  not  be 
leased,  sold  or  exchanged,  or  be  taken  by  any  corporation,  public 
or  private,  nor  shall  the  timber  thereon  be  sold,  removed  or 
destroyed. 

Section  8.  The  Legislature  shall  not  sell,  lease  or  otherwise  dis- 
pose of  the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal, 
the  Cayuga  and  Seneca  canal,  or  the  Black  Biver  canal;  but  they 
shall  remain  the  property  of  the  State  and  under  its  management 


CONSTITUTIONAL  CONVENTION.  811 

forever.  The  prohibition  of  lease,  sale  or  other  disposition  herein 
contained,  shall  not  apply  to  the  canal  known  as  the  Main  and 
Hamburg  street  canal,  situated  in  the  city  of  Buffalo,  and  which 
extends  easterly  from  the  westerly  line  of  Main  street  to  the 
westerly  line  of  Hamburg  street.  All  funds  that  may  be  derived 
from  any  lease,  sale  or  other  disposition  of  any  canal  shall  be 
applied  to  the  improvement,  superintendence  or  repair  of  the 
remaining  portion  of  the  canals. 

Section  9.  No  tolls  shall  hereafter  be  imposed  on  persons  or 
property  transported  on  the  canals,  but  all  boats  navigating  the 
canals,  and  the  owners  and  masters  thereof,  shall  be  subject  to 
such  laws  and  regulations  as  have  been  or  may  hereafter  be 
enacted  concerning  the  navigation  of  the  canals.  The  Legisla- 
ture shall  annually,  by  equitable  taxes,  make  provision  for 
the  expenses  of  the  superintendence  and  repairs  of  the  canals. 
All  contracts  for  work  or  materials  on  any  canal  shall  be  made 
with  the  persons  who  shall  offer  to  do  or  provide  the  same  at  the 
lowest  price,  with  adequate  security  for  their  performance.  No 
extra  compensation  shall  be  made  to  any  contractor;  but  if,  from 
any  unforeseen  cause,  the  terms  of  any  contract  shall  prove  to 
be  unjust  and  oppressive,  the  Canal  Board  may,  upon  the  appli- 
cation of  the  contractor,  cancel  such  contract. 

Section  10.  The  canals  may  be  improved  in  such  manner  as 
the  Legislature  shall  provide  by  law.  A  debt  may  be  authorized 
for  that  purpose  in  the  mode  prescribed  by  section  four  of  this 
article,  or  the  cost  of  such  improvement  may  be  defrayed  by  the 
appropriation  of  funds  from  the  State  treasury,  or  by  equitable 
annual  tax. 

ARTICLE  VHI. 

Section  1.  Corporations  may  be  formed  under  general  laws; 
but  shall  not  be  created  by  special  act,  except  for  municipal  pur- 
poses, and  in  cases  where,  in  the  judgment  of  the  Legislature, 
the  objects  of  the  corporation  cannot  be  attained  under  general 
laws.  All  general  laws  and  special  acts  passed  pursuant  to  this 
section  may  be  altered  from  time  to  time  or  repealed. 

Section  2.  Dues  from  corporations  shall  be  secured  by  such  indi- 
vidual liability  of  the  corporators  and  other  means  as  may  be  pre- 
scribed by  law. 

Section  3.  The  term  corporations  as  used  in  this  article  shall  be 
construed  to  include  all  associations  and  joint-stock  companies 


812  JOURNAL  OF  THE 

having  any  of  the  powers  or  privileges  of  corporations  not  pos- 
sessed by  individuals  or  partnerships.  And  all  corporations  shall 
have  the  right  to  sue  and  shall  be  subject  to  be  sued  in  all  courts 
in  like  cases  as  natural  persons. 

Section  4.  The  Legislature  shall,  by  general  law,  conform  all 
charters  of  savings  banks,  or  institutions  for  savings,  to  a  uni- 
formity of  powers,  rights  and  liabilities,  and  all  charters  here- 
after granted  for  such  corporations  shall  be  made  to  conform  to 
such  general  law,  and  to  such  amendments  as  may  be  made 
thereto.  And  no  such  corporation  shall  have  any  capital  stock, 
nor  shall  the  trustees  thereof,  or  any  of  them,  have  any  interest 
whatever,  direct  or  indirect,  in  the  profits  of  such  corporation; 
and  no  director  or  trustee  of  any  such  bank  or  institution  shall 
be  interested  in  any  loan  or  use  of  any  money  or  property  of  such 
bank  or  institution  for  savings.  The  Legislature  shall  have  no 
power  to  pass  any  act  granting  any  special  charter  for  banking 
purposes;  but  corporations  or  associations  may  be  formed  for 
such  purposes  under  general  laws. 

Section  5.  The  Legislature  shall  have  no  power  to  pass  any  law 
sanctioning  in  any  manner,  directly  or  indirectly,  the  suspension 
of  specie  payments,  by  any  person,  association  or  corporation, 
issuing  bank  notes  of  any  description. 

Section  6.  The  Legislature  shall  provide  by  law  for  the  registry 
of  all  bills  or  notes,  issued  or  put  in  circulation  as  money,  and 
shall  require  ample  security  for  the  redemption  of  the  same  in 
specie. 

Section  7.  The  stockholders  of  every  corporation  and  joint- 
stock  association  for  banking  purposes,  shall  be  individually 
responsible  to  the  amount  of  their  respective  share  or  shares 
of  stock  in  any  such  corporation  or  association,  for  all  its  debts 
and  liabilities  of  every  kind. 

Section  8.  In  case  of  the  insolvency  of  any  bank  or  banking 
association,  the  billholders  thereof  shall  be  entitled  to  preference 
in  payment,  over  all  other  creditors  of  such  bank  or  association. 

Section  9.  Neither  the  credit  nor  the  money  of  the  State  shall 
be  given  or  loaned  to  or  in  aid  of  any  association,  corporation  or 
private  undertaking.  This  section  shall  not,  however,  prevent 
the  Legislature  from  making  such  provision  for  the  education 
and  support  of  the  blind,  the  deaf  and  dumb,  and  juvenile  delin- 
quents, as  to  it  may  seem  proper.  Nor  shall  it  apply  to  any  fund 


CONSTITUTIONAL  CONVENTION.  813 

or  property  now  held,  or  which  may  hereafter  be  held,  by  the 
State  for  educational  purposes. 

Section  10.  No  county,  city,  town  or  village  shall  hereafter  give 
any  money  or  property,  or  loan  its  money  or  credit  to  or  in  aid 
or  any  individual,  association  or  corporation,  or  become  directly 
or  indirectly  the  owner  of  stock  in,  or  bonds  of,  any  association 
or  corporation;  nor  shall  any  such  county,  city,  town  or  village 
be  allowed  to  incur  any  indebtedness  except  for  county,  city, 
town  or  village  purposes.  This  section  shall  not  prevent  such 
county,  city,  town  or  village  from  making  such  provision  for  the 
aid  or  support  of  its  poor  as  may  be  authorized  by  law.  No 
county  or  city  shall  be  allowed  to  become  indebted  for 
any  purpose  or  in  any  manner  to  an  amount  which,  including 
existing  indebtedness,  shall  exceed  ten  per  centum  of  the  assessed 
valuation  of  the  leal  estate  of  such  county  or  city  subject  to 
taxation,  as  it  appeared  by  the  assessment-rolls  of  said  county  or 
city  on  the  last  assessment  for  State  or  county  taxes  prior  to  the 
incurring  of  such  indebtedness;  and  all  indebtedness  in  excess 
of  such  limitation,  except  such  as  may  now  exist,  shall  be  abso- 
lutely void,  except  as  herein  otherwise  provided.  No  county 
or  city  whose  present  indebtedness  exceeds  ten  per  centum 
of  the  assessed  valuation  of  its  real  estate  subject  to  taxation, 
shall  be  allowed  to  become  indebted  in  any  further  amount  until 
such  indebtedness  shall  be  reduced  within  such  limit.  This  sec- 
tion shall  not  be  construed  to  prevent  the  issuing  of  certificates 
of  indebtedness  or  revenue  bonds  issued  in  anticipation  of  the 
collection  of  taxes  for  amounts  actually  contained,  or  to  be  con- 
tained in  the  taxes  for  the  year  when  such  certificates  or  revenue 
bonds  are  issued  and  payable  out  of  such  taxes.  Nor  shall  this 
section  be  construed  to  prevent  the  issue  of  bonds  to  provide  for 
the  supply  of  water;  but  the  term  of  the  bonds  issued  to  provide 
the  supply  of  water  shall  not  exceed  twenty  years,  and  a  sinking 
fund  shall  be  created  on  the  issuing  of  the  said  bonds  for  their 
redemption,  by  raising  annually  a  sum  which  will  produce  an 
amount  equal  to  the  sum  of  the  principal  and  interest  of  said 
bonds  at  their  maturity.  All  certificates  of  indebtedness  or 
revenue  bonds  issued  in  anticipation  of  the  collection  of  taxes, 
which  are  not  retired  within  five  years  after  their  date  of  issue, 
and  bonds  issued  to  provide  for  the  supply  of  water,  and  any 
debt  hereafter  incurred  by  any  portion  or  part  of  a  city,  if  there 
shall  be  any  such  debt,  shall  be  included  in  ascertaining  the 


814  JOURNAL  OF  THE 

power  of  the  city  to  become  otherwise  indebted.  Whenever  here- 
after the  boundaries  of  any  city  shall  become  the  same  as  those 
of  a  county,  the  power  of  the  county  to  become  indebted  shall 
cease,  but  the  debt  of  the  county  at  that  time  existing  shall  not 
be  included  as  a  part  of  the  city  debt.  The  amount  hereafter  to 
be  raised  by  tax  for  county  or  city  purposes,  in  any  county  con- 
taining a  city  of  over  one  hundred  thousand  inhabitants,  or  any 
such  city  of  this  State,  in  addition  to  providing  for  the  principal 
and  interest  of  existing  debt,  shall  not  in  the  aggregate  exceed  in 
any  one  year  two  per  centum  of  the  assessed  valuation  of  the  real 
and  personal  estate  of  such  county  or  city,  to  be  ascertained  as 
prescribed  in  this  section  in  respect  to  county  or  city  debt, 

Section  11.  The  Legislature  shall  provide  for  a  State  Board  of 
Charities,  which  shall  visit  and  inspect  all  institutions,  whether  State, 
county,  municipal,  incorporated  or  not  incorporated,  which  are  of  a 
charitable,  eleemosynary,  correctional  or  reformatory  character, 
excepting  only  such  institutions  as  are  hereby  made  subject  to  the 
visitation  and  inspection  of  either  of  the  commissions  hereinafter 
mentioned,  but  including  all  reformatories  except  those  in  which 
adult  males  convicted  of  felony  shall  be  confined  ;  a  State  Commission 
in  Lunacy,  which  shall  visit  and  inspect  all  institutions,  either  public 
or  private,  used  for  the  care  and  treatment  of  the  insane  (not  includ- 
ing institutions  for  epileptics  or  idiots) ;  a  State  Commission  of 
Prisons  which  shall  visit  and  inspect  all  institutions  used  for  the 
detention  of  sane  adults  charged  with  or  convicted  of  crime,  or 
detained  as  witnesses  or  debtors. 

Section  12.  The  members  of  the  said  board  and  of  the  said  com- 
missions shall  be  appointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate ;  and  any  member  may  be  removed  from 
office  by  the  Governor  for  cause,  an  opportunity  having  been  given 
him  to  be  heard  in  his  defense. 

Section  13.  Existing  laws  relating  to  institutions  referred  to  in  the 
foregoing  sections  and  to  their  supervision  and  inspection,  in  so  far 
as  such  laws  are  not  inconsistent  with  the  provisions  of  the  Consti- 
tution, shall  remain  in  force  until  amended  or  repealed  by  the 
Legislature.  The  visitation  and  inspection  herein  provided  for,  shall 
not  be  exclusive  of  other  visitation  and  inspection  now  authorized 
by  law. 


CONSTITUTIONAL  CONVENTION.  815 

Section  14.  Nothing  in  this  Constitution  contained  shall  prevent  the 
Legislature  from  making  such  provision  for  the  education  and 
support  of  the  blind,  the  deaf  and  dumb,  and  juvenile  delinquents, 
as  to  it  may  seem  proper  ;  or  prevent  any  county,  city,  town  or 
village  from  providing  for  the  care,  support,  maintenance  and  secu- 
lar education,  of  inmates  of  orphan  asylums,  homes  for  dependent 
children  or  correctional  institutions,  whether  under  public  or 
private  control.  Payments  by  counties,  cities,  towns  and  villages 
to  charitable,  eleemosynary,  correctional  and  reformatory  insti- 
tutions, wholly  or  partly  under  private  control,  for  care,  support 
and  maintenance,  may  be  authorized,  but  shall  not  be  required  by 
the  Legislature.  No  such  payments  shall  be  made  for  any  inmate 
of  such  institutions  who  is  not  received  and  ''"retained  therein  pur- 
suant to  rules  established  by  the  State  Board  of  Charities.  Such 
rules  shall  be  subject  to  the  control  of  the  Legislature  by  general 
laws. 

Section  15.  Commissioners  of  the  State  Board  of  Charities  and 
Commissioners  of  the  State  Commission  in  Lunacy,  now  holding 
office,  shall  be  continued  in  office  for  the  term  for  which  they  were 
appointed,  respectively,  unless  the  Legislature  shall  otherwise  pro- 
vide. The  Legislature  may  confer  upon  the  commissions  and  upon 
the  board  mentioned  in  the  foregoing  sections  any  additional  powers 
that  are  not  inconsistent  with  other  provisions  of  the  Constitution. 

ARTICLE  IX. 

Section  1.  The  Legislature  shall  provide  for  the  mainte- 
nance and  support  of  a  system  of  free  common  schools,  wherein 
all  the  children  of  this  State  may  be  educated. 

Section  2.  The  corporation  created  in  the  year  one  thousand 
seven  hundred  and  eighty-four,  under  the  name  of  The  Regents 
of  the  University  of  the  State  of  New  York,  is  hereby  continued 
under  the  name  of  The  University  of  the  State  of  New  York.  It 
shall  be  governed  and  its  corporate  powers,  which  may  be 
increased,  modified  or  diminished  by  the  Legislature,  shall  be 
exercised,  by  not  less  than  nine  regents. 

Section  3.  The  capital  of  the  common  school  fund,  the  capital  of 
the  literature  fund,  and  the  capital  of  the  United  States  deposit 
fund,  shall  be  respectively  preserved  inviolate.  The  revenue  of 
the  said  common  school  fund  shall  be  applied  to  the  support  of 
common  schools;  the  revenue  of  the  said  literature  fund  shall 


816  JOURNAL  OF  THE 

be  applied  to  the  support  of  academies;  and  the  sum  of  twenty- 
five  thousand  dollars  of  the  revenues  of  the  United  States  deposit 
fund  shall  each  year  be  appropriated  to  and  made  part  of  the 
capital  of  the  said  common  school  fund. 

Section  4.  Neither  the  State  nor  any  subdivision  thereof,  shall 
use  its  property  or  credit  or  any  public  money,  or  authorize  or 
permit  either  to  be  used,  directly  or  indirectly,  in  aid  or  main- 
tenance, other  than  for  examination  or  inspection,  of  any  school 
or  institution  of  learning  wholly  or  in  part  under  the  control  or 
direction  of  any  religious  denomination,  or  in  which  any  denomi- 
national tenet  or  doctrine  is  taught. 

/ 

ARTICLE  X. 

Section  1.  Sheriffs,  clerks  of  counties,  district  attorneys,  and 
registers  in  counties  having  registers,  shall  be  chosen  by  the 
electors  of  the  respective  counties,  once  in  every  three  years  and 
as  often  as  vacancies  shall  happen,  except  in  the  counties  of  New 
York  and  Kings,  and  in  counties  whose  boundaries  are  the 
same  as  those  of  a  city,  where  such  officers  shall  be  chosen  by  the 
electors  once  in  every  two  or  four  years  as  the  Legislature  shall 
direct.  Sheriffs  shall  hold  no  other  office,  and  be  ineligible 
for  the  next  term  after  the  termination  of  their  offices. 
They  may  be  required  by  law  to  renew  their  security,  from  time 
to  time;  and  in  default  of  giving  such  new  security,  their  offices 
shall  be  deemed  vacant.  But  the  county  shall  never  be  made 
responsible  for  the  acts  of  the  sheriff.  The  Governor  may  remove 
any  officer,  in  this  section  mentioned,  within  the  term  for  which 
he  shall  have  been  elected;  giving  to  such  officer  a  copy  of  the 
charges  against  him,  and  an  opportunity  of  being  heard  in  his 
defense. 

Section  2.  All  county  officers,  whose  election  or  appointment  is 
not  provided  for  by  this  Constitution,  shall  be  elected  by  the 
electors  of  the  respective  counties  or  appointed  by  the  boards  of 
supervisors,  or  other  county  authorities,  as  the  Legislature  shall 
direct.  All  city,  town  and  village  officers,  whose  election  or 
appointment  is  not  provided  for  by  this  Constitution,  shall  be 
elected  by  the  electors  of  such  cities,  towns  and  villages,  or  of 
some  division  thereof,  or  appointed  by  such  authorities  thereof, 
as  the  Legislature  shall  designate  for  that  purpose.  All  other 
officers,  whose  election  or  appointment  is  not  provided  for  by  this 


CONSTITUTIONAL  CONVENTION.  817 

Constitution,  and  all  officers,  whose  offices  may  hereafter  be 
created  by  law,  shall  be  elected  by  the  people,  or  appointed,  as 
the  Legislature  may  direct. 

Section  3.  When  the  duration  of  any  office  is  not  provided  by 
this  Constitution,  it  may  be  declared  by  law,  and  if  not  so 
declared,  such  office  shall  be  held  during  the  pleasure  of  the 
authority  making  the  appointment. 

Section  4.  The  time  of  electing  all  officers  named  in  this  article 
shall  be  prescribed  by  law. 

Section  5.  The  Legislature  shall  provide  for  filling  vacancies  in 
office,  and  in  case  of  elective  officers,  no  person  appointed  to  fill 
a  vacancy  shall  hold  his  office  by  virtue  of  such  appointment 
longer  than  the  commencement  of  the  political  year  next  succeed- 
ing the  first  annual  election  after  the  happening  of  the  vacancy. 

Section  6.  The  political  year  and  legislative  term  shall  begin 
on  the  first  day  of  January;  and  the  Legislature  shall,  every  year, 
assemble  on  the  first  Wednesday  in  January. 

Section  7.  Provision  shall  be  made  by  law  for  the  removal  for 
misconduct  or  malversation  in  office  of  all  officers,  except  judicial, 
whose  powers  and  duties  are  not  local  or  legislative  and  who  shall 
be  elected  at  general  elections,  and  also  for  supplying  vacancies 
created  by  such  removal. 

Section  8.  The  Legislature  may  declare  the  cases  in  which  any 
office  shall  be  deemed  vacant  when  no  provision  is  made  for  that 
purpose  in  this  Constitution. 

Section  9.  No  officer  whose  salary  is  fixed  by  the  Constitution 
shall  receive  any  additional  compensation.  Each  of  the  other 
State  officers  named  in  the  Constitution  shall  during  his  continu- 
ance in  office,  receive  a  compensation,  to  be  fixed  by  law,  which 
shall  not  be  increased  or  diminished  during  the  term  for  which 
he  shall  have  been  elected  or  appointed;  nor  shall  he  receive  to 
his  use  any  fees  or  perquisites  of  office  or  other  compensation. 

ARTICLE  XL 

Section  1.  All  able-bodied  male  citizens  between  the  ages  of 
eighteen  and  forty-five  years,  who  are  residents  of  the  State,  shall 
constitute  the  militia,  subject  however  to  such  exemptions  as  are 
now,  or  may  be  hereafter  created  by  the  laws  of  the, 
States,  or  by  the  Legislature  of  this  State, 


818  JOURNAL  OF  THE 

Section  2.  The  Legislature  may  provide  for  the  enlistment  into 
the  active  force  of  such  other  persons  as  may  make  application 
to  be  so  enlisted. 

Section  3.  The  militia  shall  be  organized  and  divided  into  such 
jand  and  naval,  and  active  and  reserve  forces,  as  the  Legislature 
may  deem  proper,  provided,  however,  that  there  shall  be  main- 
tained at  all  times  a  force  of  not  less  than  ten  thousand  enlisted 
men,  fully  uniformed,  armed,  equipped,  disciplined  and  ready  for 
active  service.  And  it  shall  be  the  duty  of  the  Legislature  at  each 
session  to  make  sufficient  appropriations  for  the  maintenance 
thereof. 

Section  4.  The  Governor  shall  appoint  the  chiefs  of  the  several 
staff  departments,  his  aids-de-camp  and  military  secretary,  al^ 
of  whom  shall  hold  office  during  his  pleasure,  their  commissions 
to  expire  with  the  term  for  which  the  Governor  shall  have  been 
elected ;  he  shall  also  nominate,  and  with  the  consent  of  the  Senate 
appoint,  all  major-generals. 

Section  5.  All  other  commissioned  and  non-commissioned  officers 
shall  be  chosen  or  appointed  in  such  manner  as  the  Legislature 
may  deem  most  conducive  to  the  improvement  of  the  militia,  pro- 
vided, however,  that  no  law  shall  be  passed  changing  the  existing 
mode  of  election  and  appointment  unless  two-thirds  of  the  mem- 
bers present  in  each  house  shall  concur  therein. 

Section  6.  The  commissioned  officers  shall  be  commissioned  by 
the  Governor  as  commander-in-chief.  No  commissioned  officer 
shall  be  removed  from  office  during  the  term  for  which  he  shall 
have  been  appointed  or  elected,  unless  by  the  Senate  on  the 
recommendation  of  the  Governor,  stating  the  grounds  on  which 
such  removal  is  recommended,  or  by  the  sentence  of  a  court- 
martial,  or  upon  the  findings  of  an  examining  board  organized 
pursuant  to  law,  or  for  absence  without  leave  for  a  period  of  six 
months  or  more. 

AETICLE  XH. 

Section  1.  It  shall  be  the  duty  of  the  Legislature  to  provide 
for  the  organization  of  cities  and  incorporated  villages,  and  to 
restrict  their  power  of  taxation,  assessment,  borrowing  money, 
contracting  debts,  and  loaning  their  credit,  so  as  to  prevent 
abuses  in  assessments,  and  in  contracting  debt  by  such  munici- 
pal corporations. 


CONSTITUTIONAL  CONVENTION.  819 

Section  2.    All  cities  are  classified  according  to  the  latest  State 

enumeration,  as  from  time|to  time\made,  as  follows:  The  first 
class  includes  all  cities  having  a  population  of  two  hundred  and 
fifty  thousand,  or  more ;  the  second  class,  all  cities  having  a  popula- 
tion of  fifty  thousand  and  less  than  two  hundred  and  fifty  thousand  ; 
the  third  class,  all  other  cities.  Laws  relating  to  the  property, 
affairs  or  government  of  cities,  and  the  several  departments  thereof. 
are  divided  into  general  and  special  city  laws;  general  city  laws 
are  those  which  relate  to  all  the  cities  of  one  or  more  classes  ;  special 
city  laws  are  those  which  relate  to  a  single  city,  or  to  less  than  all 
the  cities  of  a  class.  Special  city  laws  shall  not  be  passed  except  in 
conformity  with  the  provisions  of  this  section.  After  any  bill  for 
a  special  city  law,  relating  to  a  city,  has  been  passed  by  both 
branches  of  the  Legislature,  the  house  in  which  it  originated  shall 
immediately  transmit  a  certified  copy  thereof  to  the  mayor  of  such 
city,  and  within  fifteen  days  thereafter  the  mayor  shall  return  such 
bill  to  the  house  from  which  it  was  sent,  or  if  the  session  of  the 
Legislature  at  which  such  bill  was  passed  has  terminated,  to  the 
Governor,  with  the  mayor's  certificate  thereon,  stating  whether  the 
city  has  or  has  not  accepted  the  same. 

In  every  city  of  the  first  class,  the  mayor,  and  in  every  other 
city,  the  mayor  and  the  legislative  body  thereof  concurrently,  shall 
act  for  such  city  as  to  such  bill ;  but  the  Legislature  may  provide 
for  the  concurrence  of  the  legislative  body  in  cities  of  the  first 
class.  The  Legislature  shall  provide  for  a  public  notice  and 
opportunity  for  a  public  hearing  concerning  any  such  bill  in  every 
city  to  which  it  relates,  before  action  thereon.  Such  a  bill,  if  it 
relates  to  more  than  one  city,  shall  be  transmitted  to  the  mayor  of 
each  city  to  which  it  relates,  and  shall  not  ?be  deemed  accepted 
unless  accepted  as  herein  provided,  by  every  such  city.  Whenever 
any  such  bill  is  accepted  as  herein  provided,  it  shall  be  subject  as 
are  other  bills,  to  the  action  of  the  Governor.  Whenever,  during 
the  session  at  which  it  was  passed,  any  such  bill  is  returned  with- 
out the  acceptance  of  the  city  or  cities  to  which  it  relates,  or  witlnn 
such  fifteen  days  is  not  returned,  it  may  nevertheless  again  be 
passed  by  both  branches  of  the  Legislature,  and  it  shall  then  be  sub- 
ject as  are  other  bills,  to  the  action  of  the  Governor.  In  every  special 
city  law  which  has  been  accepted  by  the  city  or  cities  to  which  it 
relates,  the  title  shall  be  followed  by  the  words  "  accepted  by  the 


820  JOURNAL  OF  THE 

city,"  or  4<  cities,"  as  the  case  may  be ;  in  every  such  law  which  is 
passed  without  such  acceptance,  by  the  words  "  passed  without  the 
acceptance  of  the  city,"  or  "•  cities,"  as  the  case  may  be. 

Section  3.  All  elections  of  city  officers,  including  supervisors 
and  judicial  officers  of  inferior  local  courts,  elected  in  any  city 
or  part  of  a  city,  and  of  county  officers  elected  in  the  counties  of 
New  York  and  Kings,  and  in  all  counties  whose  boundaries  are 
the  same  as  those  of  a  city,  except  to  fill  vacancies,  shall  be  held 
on  the  Tuesday  succeeding  the  first  Monday  in  November  in  an 
odd-numbered  year,  and  the  term  of  every  such  officer  shall  expire 
at  the  end  of  an  odd-numbered  year.  The  terms  of 
office  of  all  such  officers  elected  before  the  first 
day  of  January,  one  thousand  eight  hundred  and  ninety-five, 
whose  successors  have  not  then  been  elected,  which  under  exist- 
ing laws  would  expire  with  an  even-numbered  year,  or  in  an 
odd-numbered  year  and  before  the  end  thereof,  are  extended  to 
and  including  the  last  day  of  December  next  following  the  time 
when  such  terms  would  otherwise  expire;  the  terms  of  office  of 
all  such  officers,  which  under  existing  laws  would  expire  in  an 
even-numbered  year,  and  before  the  end  thereof,  are  abridged  so 
as  to  expire  at  the  end  of  the  preceding  year.  This  section  shall 
not  apply  to  any  city  of  the  third  class,  or  to  elections  of  any 
judicial  officer,  except  judges  and  justices  of  inferior  local  courts. 

ARTICLE  Xm. 

Section  1.  Members  of  the  Legislature,  and  all  officers,  execu- 
tive and  judicial,  except  such  inferior  officers  as  shall  be  by  law 
exempted  shall,  before  they  enter  on  the  duties  of  their  respec- 
tive offices,  take  and  subscribe  the  following  oath  or  affirmation: 
"  I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Consti- 
tution of  the  United  States,  and  the  Constitution  of  the  State  of 
New  York,  and  that  I  will  faithfully  discharge  the  duties  of  the 
office  of  —  — ,  according  to  the  best  of  my  ability ;"  and 

all  such  officers  who  shall  have  been  chosen  at  any  election  shall, 
before  they  enter  on  the  duties  of  their  respective  offices,  take  and 
subscribe  the  oath  or  affirmation  above  prescribed,  together  with 
the  following  addition  thereto,  as  part  thereof: 

"And  I  do  further  solemnly  swear  (or  affirm)  that  I  have  not 
directly  or  indirectly  paid,  offered  or  promised  to  pay,  contrib- 
uted, or  offered  or  promised  to  contribute  any  money  or  other  val- 


CONSTITUTIONAL  CONVENTION.  821 

uable  thing  as  a  consideration  or  reward  for  the  giving  or  with- 
holding a  vote  at  the  election  at  which  I  was  elected  to  said  office, 
and  have  not  made  any  promise  to  influence  the  giving  or  with- 
holding any  such  vote,"  and  no  other  oath,  declaration  or  test 
shall  be  required  as  a  qualification  for  any  office  of  public  trust 

Section  2.  Any  person  holding  office  under  the  laws  of  this 
State,  who,  except  in  payment  of  his  legal  salary,  fees  or  perqui- 
sites, shall  receive  or  consent  to  receive,  directly  or  indirectly, 
any  thing  of  value  or  of  personal  advantage,  or  the  promise 
thereof,  for  performing  or  omitting  to  perform  any  official  act, 
or  with  the  express  or  implied  understanding  that  his  official 
action  or  omission  to  act  is  to  be  in  any  degree  influenced  thereby, 
shall  be  deemed  guilty  of  a  felony.  This  section  shall  not  affect 
the  validity  of  any  existing  statute  in  relation  to  the  offense  of 
bribery.  ill 

Section  3.  Any  person  who  shall  offer  or  promise  a  bribe  to  an 
officer,  if  it  shall  be  received,  shall  be  deemed  guilty  of  a  felony 
and  liable  to  punishment,  except  as  herein  provided.  No  person 
offering  a  bribe  shall,  upon  any  prosecution  of  the  officer  receiv- 
ing such  bribe,  be  privileged  from  testifying  in  relation  thereto, 
and  he  shall  not  be  liable  to  civil  or  criminal  prosecution  therefor, 
if  he  shall  testify  to  the  giving  or  offering  of  such  bribe.  Any  per- 
son who  shall  offer  or  promise  a  bribe,  if  it  be  rejected  by  the 
officer  to  whom  it  was  tendered,  shall  be  deemed  guilty  of  an 
attempt  to  bribe,  which  is  hereby  declared  to  be  a  felony. 

Section  4.  Any  person  charged  with  receiving  a  bribe,  or  with 
offering  or  promising  a  bribe,  shall  be  permitted  to  testify  in  his 
own  behalf  in  any  civil  or  criminal  prosecution  therefor. 

Section  5.  No  public  officer,  or  person  elected  or  appointed  to 
a  public  office,  under  the  laws  of  this  State,  shall  directly  or 
indirectly  ask,  demand,  accept,  receive  or  consent  to  receive 
for  his  own  use  or  benefit,  or  for  the  use  or  benefit  of  another, 
any  free  pass,  free  transportation,  franking  privilege  or  discrimi- 
nation in  passenger,  telegraph  or  telephone  rates,  from  any  per- 
son or  corporation,  or  make  use  of  the  same  himself  or  in  con- 
junction with  another.  A  person  who  violates  any  provision 
of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  forfeit  his  office  at  the  suit  of  the  Attorney-General. 
Any  corporation,  or  officer  or  agent  thereof,  who  shall  offer  or 
promise  to  a  public  officer,  or  person  elected  or  appointed  to  a 


822  JOURNAL  OF  THE 

public  office,  any  such  free  pass,  free  transportation,  frank- 
ing privilege  or  discrimination,  shall  also  be  deemed  guilty  of  a 
misdemeanor  and  liable  to  punishment  except  as  herein  provided. 
No  person,  or  officer  or  agent  of  a  corporation  giving  any  such 
free  pass,  free  transportation,  franking  privilege  or  discrimina- 
tion hereby  prohibited,  shall  be  privileged  from  testifying  in  rela- 
tion thereto,  and  he  shall  not  be  liable  to  civil  or  criminal  prose- 
cution therefor  if  he  shall  testify  to  the  giving  of  the  same. 

Section  6.  Any  district  attorney  who  shall  fail  faithfully  to 
prosecute  a  person  charged  with  the  violation  in  his  county  of 
any  provision  of  this  article  which  may  come  to  his  knowledge, 
shall  be  removed  from  office  by  the  Governor,  after  due  notice 
and  an  opportunity  of  being  heard  in  his  defense.  The  expenses 
which  shall  be  incurred  by  any  county,  in  investigating  and  prose- 
cuting any  charge  of  bribery  or  attempting  to  bribe  any  person 
holding  office  under  the  laws  of  this  State,  within  such  county, 
or  of  receiving  bribes  by  any  such  person  in  said  county,  shall  be 
a  charge  against  the  State,  and  their  payment  by  the  State  shall 
be  provided  for  by  law. 

Pending  the  further  reading  of  the  Constitution. 

By  unanimous  consent. 

Mr.  Root  moved  that  the  time  of  the  session  be  extended  until 
the  reading  of  the  Constitution  down  to  and  including  article  14 
is  concluded,  and  that  then  the  Convention  adjourn  until  twelve 
o'clock  to-morrow. 

Mr.  McClure  moved  to  strike  out  "twelve"  and  insert  "ten" 
in  lieu  thereof. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McClure, 
and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Root,  as 
amended,  and  it  was  determined  in  the  affirmative. 

The  reading  of  the  Constitution  was  then  proceeded  with. 

ARTICLE  XIV. 

Section  1.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  the  Senate  and  Assembly;  and  if  the 
same  shall  be  agreed  to  by  a  majority  of  the  members  elected  to 
each  of  the  two  houses,  such  proposed  amendment  or  amend- 
ments shall  be  entered  on  their  Journals,  and  the  yeas  and 


CONSTITUTIONAL  CONVENTION.  823 

nays  taken  thereon,  and  referred  to  the  Legislature  to  be  chosen 
at  the  next  general  election  of  Senators,  and  shall  be  published 
for  three  months  previous  to  the  time  of  making  such  choice; 
and  if  in  the  Legislature  so  next  chosen,  as  aforesaid,  such  pro- 
posed amendment  or  amendments  shall  be  agreed  to  by  a 
majority  of  all  the  members  elected  to  each  house,  then  it  shall 
be  the  duty  of  the  Legislature  to  submit  each  proposed  amend- 
ment or  amendments  to  the  people  for  approval  in  such  manner 
and  at  such  times  as  the  Legislature  shall  prescribe;  and  if  the 
people  shall  approve  and  ratify  -such  amendment  or  amendments 
by  a  majority  of  the  electors  voting  thereon,  such  amendment  or 
amendments  shall  become  a  part  of  the  Constitution  from  and 
after  the  first  day  of  January  next  after  such  approval 

Section  2.  At  the  general  election  to  be  held  in  the  year  one 
thousand  nine  hundred  and  sixteen,  and  every  twentieth  year 
thereafter,  and  also  at  such  times  as  the  Legislature  may  by  law 
provide,  the  question,  "  Shall  there  be  a  convention  to  revise  the 
Constitution  and  amend  the  same?"  shall  be  decided  by  the 
electors  of  the  State;  and  in  case  a  majority  of  the 
electors  voting  thereon  shall  decide  in  favor  of  a  conven- 
tion for  such  purpose,  the  electors  of  every  Senate  district 
of  the  State,  as  then  organized,  shall  elect  three  Dele- 
gates at  the  next  ensuing  general  election  at  which  members 
of  the  Assembly  shall  be  chosen,  and  the  electors  of  the  State 
voting  at  the  same  election  shall  elect  fifteen  Delegates-at-Large. 
The  Delegates  so  elected  shall  convene  at  the  capitol  on  the  first 
Tuesday  of  April  next  ensuing  after  their  election,  and  shall  con- 
tinue their  session  until  the  business  of  such  convention  shall 
have  been  completed.  Every  Delegate  shall  receive  for  his  ser- 
vices the  same  compensation  and  the  same  mileage  as  shall  then 
be  annually  payable  to  the  members  of  the  Assembly.  A  majority 
of  the  convention  shall  constitute  a  quorum  for  the  transaction 
of  business,  and  no  amendment  to  the  Constitution  shall  be  sub- 
mitted for  approval  to  the  electors  as  hereinafter  provided,  unless 
by  the  assent  of  a  majority  of  all  the  Delegates  elected  to  the 
convention,  the  yeas  and  nays  being  entered  on  the  Journal  to  be 
kept.  The  convention  shall  have  the  power  to  appoint  such  offi- 
cers, employes  and  assistants  as  it  may  deem  necessary,  and 
fix  their  compensation  and  to  provide  for  the  printing  of  its 
documents,  Journals  and  proceedings.  The  convention  shall 
determine  the  rules  of  its  own  proceedings,  choose  its  own  offi- 


824  JOURNAL  OF  THE 

cers,  and  be  the  judge  of  the  election,  returns  and  qualifications 
of  its  members.  In  case  of  a  vacancy,  by  death,  resignation  or 
other  cause,  of  any  district  Delegate  elected  to  the  con- 
vention, such  vacancy  shall  be  filled  by  a  vote  of  the 
remaining  Delegates  representing  the  district  in  which 
such  vacancy  occurs.  If  such  vacancy  occurs  in  the  office 
of  a  Delegate-at-Large,  such  vacancy  shall  be  filled  by  a  vote 
of  the  remaining  Delegates-at-Large.  Any  proposed  constitution 
or  constitutional  amendment  which  shall  have  been  adopted  by 
such  convention,  shall  be  submitted  to  a  vote  of  the  electors  of 
the  State  at  the  time  and  in  the  manner  provided  by  such  conven- 
tion, at  an  election  which  shall  be  held  not  less  than  six  weeks 
after  the  adjournment  of  such  convention.  Upon  the  approval 
of  such  constitution  or  constitutional  amendments,  in  the  manner 
provided  in  the  last  preceding  section,  such  constitution  or  con- 
stitutional amendment,  shall  go  into  effect  on  the  first  day  of 
January  next  after  such  approval. 

Section  3.  Any  amendment  proposed  by  a  constitutional  con- 
vention relating  to  the  same  subject  as  an  amendment  proposed 
by  the  Legislature,  coincidently  submitted  to  the  people  for 
approval  at  the  general  election  held  in  the  year  one  thousand 
eight  hundred  and  ninety-four,  or  at  any  subsequent  election, 
shall,  if  approved,  be  deemed  to  supersede  the  amendment  so 
proposed  by  the  Legislature. 

The  reading  of  said  Constitution,  to  and  including  article  14 
being  concluded,  the  Convention  adjourned. 


CONSTITUTIONAL  CONVENTION.  825 

Friday,  September  28,  1894. 

The  Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Wolsey  Stryker,  D.  D. 

On  motion  of  Mr.  Acker,  the  reading  of  the  Journal  of  Thurs- 
day, September  twenty-seventh,  was  dispensed  with. 

The  last  Kecord  appearing  upon  the  files  of  members  to-day  is 
of  date,  September  third. 

On  motion  of  Mr.  President,  the  privileges  of  the  floor  were 
extended  to  Dr.  M.Woolsey  Stryker,  president  of  Hamilton  College. 

The  President  then  directed  the  Secretary  to  read  the  last 
article  (being  article  15)  of  the  Constitution. 

Said  article  was  then  read,  in  words  following: 

AETICLE  XV. 

Section  1.  This  Constitution  shall  be  in  force  from  and  includ- 
ing the  first  day  of  January,  one  thousand  eight  hundred  and 
ninety-five,  except  as  herein  otherwise  provided. 

Which  concluded  the  reading  of  said  Constitution. 

Mr.  President  then  stated  the  question  to  be  on  agreeing  to  the 
report  of  the  Committee  on  Revision  and  Engrossment  and  the 
final  adoption  of  the  form  of  said  proposed  Revised  Constitution. 

Mr.  I.  S.  Johnson  moved  to  recommit  said  Constitution  to  the 
Committee  on  Revision  and  Engrossment,  with  instructions  to 
report  the  same  forthwith,  amended  as  follows  : 

By  adding  at  the  end  of  section  3,  article  14,  the  following  : 

ARTICLE  XV. 

Section  1.  The  Legislature  at  its  first  session  after  the  adop- 
tion of  this  Constitution,  shall  appoint  three  commissioners  whose 
duty  it  shall  be  to  report  to  the  Legislature  bills  for  the  assess- 
ment and  collection  of  taxes,  and  the  exemption  of  property 
from  taxation  throughout  this  State,  and  also  prescribing  the 
rights,  duties  and  liability  of  employers  and  employes,  such  com- 
missioners to  hold  office  for  siuch  time  as  the  Legislature  shall 
provide,  not  exceeding  two  years. 

Mr.  Gralinger  moved  to  lay  the  motion  of  Mr.  Johnson  upon 
the  table. 


826  JOURNAL  OF^THE 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Galinger, 
and  it  was  determined  in  the  affirmative. 

The  question  then  being  on  agreeing  to  said  report  and  the 
final  adoption  of  the  proposed  Revised  Constitution,  it  was  decided 
in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Arnold,  Baker,  Bar- 
hite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown,  E.  R.;  Cady, 
Garter,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coleman,  Cookin- 
ham,  Corn  well,  Countryman,  Crosby,  Davies,  J.  C.;  Davis,  G.  A.; 
Deterling,  Dickey,  Durfee,  Faber,  Floyd,  Foote,  Francis,  Frank, 
Andrew;  Frank,  Augustus;  Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.; 
Galinger,  Gilbert,  Goodelle,  Hamlin,  Hawley,  Hecker,  Hedges, 
Hill,  Hirschberg,  M.  H.;  Holls,  Jacobs,  Johnson,  J.;  Kellogg, 
Kinkel,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln,  Lyon,  Manley, 
Mantanye,  Marshall,  McArthur,  Mclntyre,  McKinstry,  McLaugh- 
lin,  C.  B.;  McMillan,  Mereness,  Moore,  Morton,  Nichols,  W.  H.; 
Nostrand,  O'Brien,  Parker,  Parkhurst,  Pashley,  Phipps,  Pool, 
Porter,  Powell,  Putnam,  Redman,  Root,  Spencer,  Springweiler, 
Steele,  A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts, 
Turner,  Vedder,  Vogt,  Wellington,  Whitmyer,  Wiggins,  Wood- 
ward, President  —  93. 

Noes  —  Messrs.  Alvord,  Banks,  Bigelow,  Blake,  Bowers,  Burr, 
Campbell,  Chipp,  Jr.;  Danforth,  Davenport,  Deady,  Dean,  Deyo, 
Durnin,  Emmet,  Fitzgerald,  Forbes,  Gibney,  Giegerich,  Gilleran, 
Goeller,  Green,  A.  H.;  Green,  J.  I.;  Griswold,  Herzberg,  A.; 
Holcomb,  Hottenroth,  Jenks,  Johnson,  I.  Sam ;  Kerwin,  McClure, 
Nicoll,  De  L. ;  Ohmeis,  Osborn,  Parmenter,  Peabody,  Peck, 
Platzek,  Roche,  Rogers,  Rowley,  Sandford,  Titus,  Tucker,  Veeder, 
Williams  —  46. 

After  the  vote  had  been  announced,  Mr.  I.  S.  Johnson  desired 
to  change  his  vote  from  the  negative  to  the  affirmative,  and  it 
was  objected  to. 

Mr.  Smith  desired  to  be  recorded  in  the  negative,  and  it  was 
objected  to. 

Mr.  Schumaker  desired  to  be  recorded  in  the  negative,  and  it 
was  objected  to. 

Mr.  Vedder  then  moved  that  the  Convention  take  a  recess 
until  two  o'clock  P.  M.,  and  on  that  motion  moved  the  previous 
question. 


CONSTITUTIONAL  CONVENTION.  827 

Mr.  President  put  the  question  on  the  motion  for  the  previous 
question,  and  Messrs.  Lester  and  Schumaker  were  appointed  as 
tellers,  and  announced  the  following  vote  :  Ayes,  81;  noes,  43, 
and  the  motion  was  declared  carried. 

And  the  Convention  took  a  recess  until  two  o'clock  P.  M. 


AFTERNOON  SESSION. 

Two  o'clock  P.  M. 
The  Convention  again  met. 

The  President  directed  the  Secretary  to  call  the  roll  to  ascer- 
tain the  presence  of  a  quorum,  when  the  following  Delegates 
answered  to  the  call  of  their  names  : 

Messrs.  Abbott,  Acker,  Ackerly  Alvord,  Arnold,  Banks,  Bar- 
hite,  Barnum,  Barrow,  Blake,  Burr,  Cady,  Chipp,  Jr. ;  Clark,  H.  A. ; 
Coleman,  Cookinham,  Cornwell,  Davenport,  Davies,  J.  C.;  Davis, 
G.  A.;  Dean,  Deterling,  Deyo,  Dickey,  Durnin,  Emmet,  Faber, 
Floyd,  Forbes,  Eraser,  Fuller,  C.  A.;  Fuller,  O.  A.;  Galinger, 
Gibney,  Giegerich,  Gilbert,  Gilleran,  Goodelle,  Green,  A.  H.; 
Green,  J.  L;  Griswold,  Hamlin,  Hedges,  Herzberg,  A.;  Hill,  Holls, 
Jenks,  Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  E.  M.;  Kellogg, 
Kerwin,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln,  Manley,  Man- 
tanye,  Marshall,  Maybee,  McArthur,  McClure,  McDonough, 
McKinstry,  McLaughiln,  C.  B.;  McMillan,  Mereness,  Moore, 
Morton,  Nicoll,  De  L. ;  Nostrand,  O'Brien,  Ohmeis,  Osborn,  Parker, 
Parmenter,  Peabody,  Peck,  Platzek,  Pool,  Porter,  Powell,  Putnam, 
Roche,  Rogers,  Sandford,  Spencer,  Springweiler,  Steele,  A.  B.; 
Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Titus,  Tucker,  Turner, 
Vedder,  Veeder,  Vogt,  Wellington,  Whitmyer,  Williams,  Wood- 
ward, President. 

Mr.  Hedges  moved  that  the  Compiler  be  instructed  to  forward 
to  the  members  of  the  Convention  such  documents  as  are  neces- 
sary to  complete  the  files,  when  they  are  printed. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Hill  moved  that  the  document  room  be  kept  open  in 
charge  of  the  officers  Hufcutt  and  Fayel,  as  long  as  necessary, 
until  the  documents  yet  to  be  printed  have  been  received  and 
distributed. 


828  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Holls  moved  that  the  President  and  Secretary  attest  the 
engrossed  copy  of  the  Constitution  as  adopted  this  day,  in  behalf 
of  the  Convention. 

Mr.  President  put  the  question  on  said  motion,  and  it  was  deter- 
mined in  the  affirmative. 

Mr.  Goodelle  called  up  the  report  of  the  Committee  on  Con- 
tingent Expenses,  in  words  following  : 

Mr*  Lyon,  from  the  Committee  on  Contingent  Expenses, 
reported  as  follows  : 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  annexed  claim  of  Edward  M.  Seacord,  a  messenger  of  the 
Convention,  for  additional  compensation  of  three  dollars  per  day 
from  May  23,  1894,  on  account  of  services  performed  by  him  in 
clerical  work  as  committee  clerk,  would  respectully  report : 

That,  in  the  opinion  of  three  of  the  members  of  said  committee, 
Messrs.  Faber,  Green  and  Tekulsky,  the  charge  is  reasonable  and 
proper  and  should  be  allowed  and  paid  by  the  Convention;  and 
that,  in  the  opinion  of  four  of  the  members  of  said  committee, 
Messrs.  Brown,  Whitmyer,  Pashley  and  Lyon,  the  said  charge 
is  not  a  proper  charge,  and  that  the  Convention  has  not  the 
power  to  allow  or  pay  said  claim. 

GEOEGE  F.  LYON, 

Chairman. 

Mr.  Goodelle  offered  a  resolution  in  words  following: 
Whereas,  Mr.  Edward  M.  Seacord,  of  Cortland,  was  appointed 
a  messenger  and  has  only  received  pay  as  such,  but  by  reason  of 
the  lack  of  sufficient  clerical  force  and  the  necessity  for  the  aid 
of  additional  clerks  to  make  the  work  of  committees  and  of  the 
Convention  effective,,  he  has  been  ordered  to  act  asi  clerk,  and  he 
has  acted  as  such  from  May  23,  1894,  and  has  been  an  efficient 
and  faithful  clerk,  performing  with  marked  ability  all  additional 
services  put  upon  him. 

Resolved,,  That  as  one  of  the  necessary  expenses  of  the  Con- 
vention, he  be  paid  for  his  additional  service  and  responsibility 
the  further  sum  of  three  dollars  per  day  for  the  services  from 
May  23,  1894,  making  his  pay  the  same  as  that  of  other  clerks, 
and  the  payment  thereof  is  hereby  directed,  authorized  and 


CONSTITUTIONAL  CONVENTION.  829 

directed  to  be  made  out  of  the  fund  appropriated  for  the  expenses 
of  this  Convention. 

Mr.  President  put  the  question  on  the  adoption  of  the  report. 

Mr.  Goodelle  moved  to  disagree  with  the  report  and  that  the 
resolution  offered  by  him  contained  in  said  report,  be  adopted. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Goodelle, 
and  it  was  determined  in  the  affirmative. 

Mr.  McMillan  called  up  the  report  of  the  Committee  on  Con- 
tingent Expenses,  in  words  following  : 

Mr.  Lyon,  from  the  Committee  on  Contingent  Expenses,  to 
which  was  referred  the  annexed  resolution  reciting  that  Thomas 
Kochford  be  and  hereby  is  entitled,  since  the  twenty-ninth  day  of 
May  last,  to  such  pay  as  is  commensurate  with  such  added  duties 
and  work  required  and  performed  by  him,  would  respectfully 
report : 

That  Thomas  Kochford  was  appointed  a  messenger  of  this  Con- 
vention on  May  twenty-second,  and  was  on  May  twenty-ninth 
assigned  by  the  Secretary  of  the  Convention  to  assist  the  Finan- 
cial Secretary  in  clerical  work,  and  has  so  assisted  since  that 
time. 

That  Mr.  Rochford  has  received  for  his  services  three  dollars 
per  day  for  seven  days  each  week,  which  is  the  compensation 
allowed  messengers  of  the  Legislature. 

That  four  members  of  the  Committee  on  Contingent  Expenses, 
favor  an  additional  allowance  to  Mr.  Rochford,  and  three  mem- 
bers of  the  committee  are  opposed  to  any  additional  allowance. 

GEORGE  F.  LYON, 

Chairman. 

Mr.  Kurth  offererd  a  resolution  in  words  following: 

Whereas,  Thomas  Rochford  was,  on  the  22d  day  of  May,  1894, 
duly  appointed  a  messenger  of  this  Convention  and  duly  qualified 
and  entered  upon  his  duties  as  such;  and 

Whereas,  Thereafter  and  on  the  twenty-ninth  day  of  May,  he 
was  transferred  to  the  office  of  the  Financial  Secretary  of  the 
Convention,  and  therein  required  to  do  clerical  work  and  assist 
in  making  up  the  pay-rolls  and  receipts  of  the  Convention,  and  as 
well  as  perform  duties  as  messenger  in  said  office; 


830  JOURNAL  OF  THE 

Resolved,  That  said  Thomas  Roehford  be  and  lie  hereby  is 
entitled,  since  the  twenty-ninth  day  of  May,  to  such  pay  as  is  com- 
mensurate with  such  added  duties  and  work  required  and  per- 
formed by  him. 

Mr.  McMillan  moved  to  amend  as  follows  : 

Resolved,  That  the  amount  of  compensation  to  be  paid  to 
Thomas  Roehford  for  extra  services  rendered  as  assistant  to  the 
Financial  Secretary,  be  the  sum  of  two  dollars  per  diem  from 
May  29,  1894,  to  the  final  adjournment  of  this  Convention,  and 
that  the  payment  thereof  out  of  the  fund  appropriated  for  the 
expenses  of  this  Convention,  be  and  hereby  is  authorized  and 
directed. 

Mr.  McMillan  moved  that  the  report  of  the  Committee  be  agreed 
to,  and  also  the  resolution  offered  by  him  in  relation  thereto. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  McMillan, 
and  it  was  determined  in  the  affirmative. 

Mr.  A.  B.  Steele  called  up  the  report  of  the  Committee  on  Con- 
tingent Expenses,  in  words  following  : 

Mr.  Lyon,  from  the  Committee  on  Contingent  Expenses,  also 
reported  as  follows  : 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  annexed  claim  of  Albert  B.  Crumb,  a  messenger  of  the  Con- 
vention, for  additional  compensation  of  three  dollars  per  day 
from  May  21,  1894  amounting  to  the  sum  of  $351,  on  account  of 
services  performed  by  him  in  the  Convention  post-office,  would 
respectfully  report : 

That,  in  the  opinion  of  three  of  the  members  of  said  committee, 
Messrs.  Faber,  Green  and  Tekulsky,  the  charge  is  reasonable  and 
proper,  and  should  be  allowed  and  paid  by  the  Convention;  and 
that,  in  the  opinion  of  four  of  the  members  of  said  committee, 
Messrs.  Brown,  Whitmyer,  Pashley  and  Lyon,  the  said  charge 
is  not  a  proper  charge  and  that  the  Convention  has  not  the  power 
to  allow  or  pay  said  claim. 

GEORGE  F.  LYON, 
Chairman. 


CONSTITUTIONAL  CONVENTION.  831 

The  People  of  the  State  of  New  York  to  Albert  R.  Crumb,  Dr. 
To  extra  services  rendered  by  him  as  assistant  post- 
master of  the  Constitutional  Convention,  in  addition 
to  his  duties  as  messenger  from  May  21  to  Septem- 
ber 15,  1894,  inclusive,  being  in  all  one  hundred  and 
seventy  days,,  at  three  dollars  per  day,  amount- 
ing to |351  00 

On  motion  of  Mr.  A.  B.  Steele  : 

Whereas,  Albert  B.  Crumb,  one  of  the  messengers  at  this  Con- 
vention, has  continuously  acted  as  assistant  postmaster  since 
May  twenty-first.  Now,  therefore,  it  is  hereby 

Resolved,  That  an  additional  sum  of  three  dollars  per  day  be 
allowed  and  paid  to  said  Crumb  for  his  services  as  assistant 
postmaster.  . 

Mr.  A.  B.  Steele  moved  to  disagree  with  the  report  of  said 
committee,  and  that  the  resolution  offered  by  him  be  adopted, 
covering  the  pay  of  Mr.  Crumb  up  to  the  present  time. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Steele, 
and  it  was  determined  in  the  affirmative. 

Mr.  W.  H.  Steele  offered  a  resolution  in  words  following  : 
Whereas,  The  compensation  of  the  clerks  of  the  committees 
was  fixed  at  seven  dollars  per  day,  a  sum  greater  than  that 
received  by  the  secretaries  of  the  Convention;  therefore,  be  it 

Resolved,  That  the  Secretary  be  and  he  hereby  is  allowed  five 
dollars  per  day  additional,  and  that  each  of  the  Assistant  Secre- 
taries be  and  they  hereby  are  allowed  four  dollars  per  day  addi- 
tional, to  date  from  the  eighth  day  of  May  last,  and  the  Comp- 
troller is  hereby  authorized  and  directed  to  pay  the  same  out  of 
the  funds  set  apart  for  the  Convention. 

Mr.  C.  B.  McLaughlin  moved  to  lay  the  resolution  on  the  table. 
Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

Mr.  Root  offered  the  following  resolution  : 

Resolved,  That  the  Revised  Constitution  adopted  by  this  Con- 
vention be  submitted  to  the  people  for  their  adoption  or  rejection 
at  the  general  election  to  be  held  on  the  sixth  day  of  November, 
one  thousand  eight  hundred  and  ninety-four,  in  the  manner  fol- 
lowing, that  is  to  say: 


832  JOURNAL  OF  THE 

The  submission  shall  be  in  three  separate  propositions,  as 
follows  : 

First  The  Proposed  Revised  Constitution,  except  the  pro- 
posed amendments  to  sections  two,  three,  four,  and  five  of  article 
three,  providing  a  new  legislative  apportionment,  and  except  the 
proposed  new  section  ten  of  article  seven,  providing  for  the 
improvement  of  the  canals. 

Second.  The  proposed  amendments  to  sections  two,  three, 
four,  and  five  of  article  three,  providing  a  new  legislative 
apportionment 

Third.  The  proposed  new  section  of  article  seven,  providing 
for  the  improvement  of  the  canals. 

There  shall  be  three  ballot  boxes  at  each  polling  place  for  the 
reception  of  ballots  on  said  propositions. 

Two  kinds  of  official  ballots  shall  be  provided  at  public  expense 
at  each  polling  place,  indorsed  on  the  back  with  the  words 
"Revised  Constitution,"  and  in  the  form  prescribed  by  law. 

There  shall  be  printed  on  the  face  thereof  below  the  per- 
forated line  upon  each  of  one  kind  of  such  official  ballots  the 
following  words,  that  is  to  say  : 

"FOR 

the  Revised  Constitution,  except  the  provisions  thereof  relating 
to  Legislative  Apportionment  and  Canal  Improvement." 

There  shall  be  printed  on  the  face  thereof  below  the  perforated 
line,  upon  each  of  the  other  kind  of  such  official  ballots,  the  fol- 
lowing words,  that  is  to  say  : 

"AGAINST 

the  Revised  Constitution,  except  the  provisions  thereof  relating 
to  Legislative  Apportionment  and  Canal  Improvement" 

Two  kinds  of  official  ballots  shall  be  in  like  manner  provided  at 
each  polling  place,  indorsed  on  the  back  with  the  words  "  Con 
stitutional  Amendment,  Legislative  Apportionment,"  and  in  the 
form  prescribed  by  law. 

There  shall  be  printed  on  the  face  thereof  below  the  perforated 
line  upon  each  of  one  kind  of  such  official  ballots,  the  following 
words,  that  is  to  say  : 

"FOR 

sections  two,  three,  four,  and  five  of  article  three  of  the  Revised 
Constitution,  relating  to  Legislative  Apportionment" 


CONSTITUTIONAL  CONVENTION.  833 

There  shall  be  printed  on  the  face  thereof  below  the  perforated 
line,  upon  each  of  the  other  kind  of  such  official  ballots,  the  fol- 
lowing words,  that  is  to  say  : 

"AGAINST 

sections  two,  three,  four,  and  five  of  article  three  of  the  Revised 
Constitution,  relating  to  Legislative  Apportionment." 

Two  kinds  of  official  ballots  shall  be  in  like  manner  provided 
at  each  balloting  place,  indorsed  on j the  back  with  the  words 
"Constitutional  Amendment  Canal  Improvement,"  and  in  the 
form  prescribed  by  law. 

There  shall  be  printed  on  the  face  thereof  below  the  perforated 
line  upon  each  of  one  kind  of  such  official  ballots,  the  following 
words,  that  is  to  say  : 

"FOR 

section  ten  of  article  seven  of  the  Revised  Constitution,  relating 
to  the  Improvement  of  the  Canals." 

There  shall  be  printed  on  the  face  thereof  below  the  perforated 
line,  upon  each  of  the  other  kind  of  such  official  ballots,  the  fol- 
lowing words,  that  is  to  say  : 

"AGAINST 

section  ten  of  article  seven  of  the  Revised  Constitution,  relating 
to  the  Improvement  of  the  Canals." 

If  a  majority  of  the  votes  cast  indorsed  "  Revised  Constitution," 
shiall  contain  on  the  inside  the  words  "  For  the  Revised  Constitu- 
tion, except  the  provisions  thereof  relating  to  Legislative  Appor- 
tionment and  Canal  Improvement,"  then  the  Proposed  Revised 
Constitution  shall  be  the  Constitution  of  the  State  of  New  York, 
except  as  the  same  may  be  modified  by  the  result  of  the  vote  upon 
the  second  and  third  propositions,  above  specified. 

If  a  majority  of  the  votes  cast  so  indorsed  shall  contain  on  the 
inside  the  words  "Against  the  Revised  Constitution,  except  the 
provisions  thereof  relating  to  Legislative  Apportionment  and 
Canal  Improvement,"  then  the  Proposed  Revised  Constitution 
shall  be  declared  rejected  and  the  present  Constitution  shall 
remain  in  force,  except  as  the  same  may  be  modified  by  the  result 
of  the  vote  on  the  second  and  third  propositions,  above  specified. 

If  a  majority  of  the  votes  cast  indorsed  "  Constitutional  Amend- 
ment, Legislative  Apportionment,"  shall  contain  on  the  inside 
the  words  "  For  sections  two,  three,  four,  and  five  of  article  three 
53 


834  JOURNAL  OF  "THE 

of  the  Revised  Constitution^  relating  to  Legislative  Apportion- 
ment," then  the  amended  sections  therein  described  shall  be 
sections  two,  three,  four,  and  five  of  article  three  of  the  Constitu- 
tion. If  a  majority  of  [ the  votes  cast  sojindorsed  shall  contain 
on  the  inside  the  words  "Against  sections  two,  three,  four,  and 
five  of  article  three  of  the  Revised  Constitution,  relating  to  Legis- 
lative Apportionment,"  the  said  amendment  shall  be  declared 
rejected  and  sections  two,,  three,  four,  and  five  of  article  three  of 
the  present  Constitution,  shall  remain  in  force  and  effect.  If  a 
majority  of  the  votes  cast  indorsed  "  Constitutional  Amendment, 
Canal  Improvement,"  shall  contain  on  the  inside  the  words  "  For 
section  ten  of  article  seven  of  the  Revised  Constitution,  relating 
to  the  Improvement  of  the  Canals,"  then  the  said  proposed  amend- 
ment shall  be  section  ten  of  article  seven  of  the  Revised  Con- 
stitution, or  section  fifteen  of  article  seven  of  the  existing  Con- 
stitution, as  the  case  may  be. 

If  a  majority  of  the  votes  cast  indorsed  "  Constitutional 
Amendment,  Canal  Improvement,"  shall  contain  on  the  inside  the 
words  "  Against  section  ten  of  article  seven  of  the  Revised  Con- 
stitution, relating  to  the  Improvement  of  the  Canals,"  then  the 
said  proposed  amendment  shall  be  declared  rejected. 

It  shall  be  the  duty  of  the  Secretary  of  State  as  soon  as  prac- 
ticable after  the  delivery  to  him  of  the  Revised  Constitution 
adopted  by  the  Convention  and  of  a  duly  authenticated  copy  of 
this  resolution,  to  transmit  to  the  county  clerk  of  each  county 
a  notice  under  his  hand  and  official  seal,  setting  forth  a  copy  of 
the  said  Revised  Constitution,  together  with  a  copy  of  this  resolu- 
tion and  the  forms  of  the  ballots  herein  prescribed,  and  stating 
that  the  said  Revised  Constitution  and  the  amendments  therein 
provided,  will  be  submitted  to  the  people  for  their  adoption  or 
rejection  on  the  day  heretofore  fixed  as  the  day  of  the  general 
election  in  November,  eighteen  hundred  and  ninety-four,  in 
accordance  with  the  provisions  of  this  resolution. 

It  shall  be  the  duty  of  the  Secretary  of  State  to  cause  the  said 
proposed  Revised  Constitution,  together  with  a  copy  of  this  reso- 
lution, to  be  published  in  accordance  with  the  provision*  of  sec- 
tion 7  of  chapter  680,  of  the  Laws  of  1892,  together  with  a 
brief  statement  of  the  law  and  proceedings  authorizing  such  sub- 
mission, the  fact  that  such  submission  will  be  made,  and  the 
forms  of  the  ballots  to  be  voted  thereon  as  herein  prescribed. 
The  first  publication  in  each  newspaper  shall  be  made  as  soon 


CONSTITUTIONAL  CONVENTION.  835 

as  practicable,  and  such  publication  shall  continue  once  in  each 
week  to  the  time  of  the  election. 

It  shall  be  the  dutyjof  each  county  clerk  upon  the  receipt  of 
the  notice  from  the  Secretary  of  State,  to  file  and  record  it  in  his 
office,  and  in  all  respects  proceed  thereon  pursuant  to  chapter 
680  of  the  Laws  of  1892,  so  far  as  the  same  is  applicable. 

But  no  failure  of  such  publication,  filing  or  recording,  shall 
invalidate  or  affect  the  submission  of  the  said  propositions  to  the 
people  as  hereinbefore  prescribed,  or  the  result  of  their  action 
thereon. 

Mr.  Kerwin  offered  the  following  amendment  : 

Two  kinds  of  like  ballots  shall  be  provided  at  tfre  polling  place 

indorsed  on  the  back  thereof.*4  Prison  Labor." 

On  one  of  said  ballots  below  the  perforated  line  on  the  inside 
thereof,  shall  be  printed  the  words  : 

"FOE 

the  abolition  of  Prison  Competitive  Labor." 

On  the  other  of  said  ballots  shall  be  printed  below  the  per- 
forated line  on  the  face  thereof  the  words: 

«  AGAINST 
the  abolition  of  Prison  Competitive  Labor." 

One  ballot  shall  be  indorsed  "Apportionment,"  and  there  shall 
be  printed  on  the  face  thereof  below  the  perforated  line  the  words, 
"Against  the  amendment  to  the  Constitution,  providing  for  a  new 
Apportionment  of  Senators  and  Assemblymen." 

Each  elector  shall  be  allowed  to  vote  two  of  such  ballots,  which 
shall  be  deposited  in  separate  boxes,  and  the  ballots  not  voted 
shall  be  deposited  in  the  box  or  boxes  provided  for  ballots  not 
voted. 

Mr.  McDonough  moved  the  previous  question. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Mc- 
Donough, and  Messrs.  Acker  and  Burr  were  appointed  as  tellers, 
and  announced  the  following  vote  :  Ayes,  63;  noes,  49,  and  the 
motion  was  declared  carried. 

Mr.  Root  moved  to  reconsider  said  vote. 

Mr.  President  put  the  question  on  the  motion  to  reconsider, 
and  it  was  determined  in  the  affirmative. 


I 


836  JOURNAL  OF  THE 

Mr.  President  put* the  question  on  the  motion  of  Mr.  McDonough 
for  the  previous  question,  and  it  was  determined  in  the  negative. 

Mr.  Jenks  moved  that  the  article  or  rule  offered  by  Mr.  Eoot  be 
amended  by  striking  out  all  reference  to  the  amendment  regard- 
ing "  canals,"  and  inserting  in  place  thereof  a  reference  to  the 
amendment  for  the  abolition  of  prison  competitive  labor. 

Mr.  E.  R.  Brown  moved  the  previous  question. 

Mr.  President  put  the  question  on  ordering  the  previous  ques- 
tion, and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Kerwin,  and 
it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Banks,  Blake,  Bowers,  Burr,  Campbell, 
Chipp,  Jr.;  Coleman,  Danforth,  Davenport,  Deady,  Deyo,  Durnin, 
Emmet,  Forbes,  Gibney,  Giegerich,  Gilleran,  Goeller,  Green,  J.  L; 
Hecker,  Herzberg,  A. ;  Holcomb,  Hottenroth,  Jenks,  Kerwin,  Man- 
tanye,  McArthur,  McClure,  Mulqueen,  Nicoll,  DeL.;  Ohmeis, 
Osborn,  Parmenter,  Peabody,  Peck,  Platzek,  Porter,  Roche, 
Rogers,  Sandford,  Speer,  Springweiler,  Titus,  Tucker,  Turner, 
Veeder,  Williams  —  47. 

Noes  —  Messrs.  Abbott,  Acker,  Ackerly,  Alvord,  Arnold,  Baker, 
Barhite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown,  E.  R.; 
Cady,  Carter,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Cookinham, 
Cornwell,  Countryman,  Davies,  J.  C.;  Davis,  G.  A.;  Dean,  Deter- 
ling,  Dickey,  Durfee,  Faber,  Floyd,  Foote,  Francis,  Frank, 
Andrew;  Frank  , Augustus;  Eraser,  Fuller,  C.  A.;  Fuller,  O.  A.; 
Galinger,  Gilbert,  Goodelle,  Hamlin,  Hawley,  Hedges,  Hill,  Holls, 
Jacobs,  Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kellogg, 
Kinkel,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln,  Lyon,  Manley, 
Marshall,  McDonough,  Mclntyre,  McKinstry,  McLaughlin,  C.  B.; 
McMillan,  Mereness,  Moore,  Nichols,  W.  H.;  Nostrand,  O'Brien, 
Parker,  Parkhurst,  Pool,  Powell,  Putnam,  Root,  Spencer,  Steele, 
A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Vedder,  Vogt,  Wel- 
lington, Whitmyer,  Woodward,  President  —  83. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Jenks,  and 
it  was  determined  in  the  negative. 

Ayes  —  Messrs.  Banks,  Blake,  Bowers,  Burr,  Campbell, 
Chipp,  Jr.;  Countryman,  Danforth,  Davenport,  Deady,  Deyo, 
Durnin,  Emmet,  Forbes,  Gibney,  Giegerich,  Gilleran,  Goeller, 
Green,  J.  I.;  Hecker,  Herzberg,  A.;  Holcomb,  Hottenroth,  Jenks, 


,      CONSTITUTIONAL  CONVENTION.  837 

Kerwin,  Mantanye,  McArthur,  McClure,  Mulqueen,  Nicoll,  DeL.; 
Ohmeis,  Osborn,  Parmenter,  Peabody,  Peck,  Platzek,  Roche, 
Rogers,  Sandford,  Speer,  Titus,  Tucker,  Veeder,  Williams  —  45. 

Noes  —  Messrs.  Abbott,  Acker,  Ackerly,  Alvord,  Arnold,  Baker, 
Barhite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown,  E.  R.; 
Cady,  Carter,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coleman, 
Cookinham,  Cornwell,  Davies,  J.  C.;  Davis,  G.  A.;  Dean,  Deter- 
ling,  Dickey,  Durfee,  Faber,  Floyd,  Foote,  Francis,  Frank, 
Andrew;  Frank,  Augustus;  Fraser,  Fuller,  C.  A.;  Fuller,  O.  A.; 
Galinger,  Goodelle,  Hamlin,  Hawley,  Hedges,  Hill,  Holls,  Jacobs, 
Johnson^  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kellogg,  Kinkel, 
Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln,  Lyon,  Manley,  Mar- 
shall, Maybee,  McDonough,  Mclntyre,  McKinstry,  McLaughlin, 
C.  B.;  McMillan,  Mereness,  Moore,  Nichols,  W.  H.;  Nostrand, 
O'Brien,  Parker,  Parkhurst,  Pool,  Porter,  Powell,  Putnam,  Root, 
Spencer,  Springweiler,  Steel e,  A.  B.;  Steel e,  W.  H.;  Storm,  Tib- 
betts,  Turner,  Vedder,  Vogt,  Wellington,  Whitmyer,  Woodward, 
President  —  85. 

Mr.  President  put  the  question  on  the  resolution  offered  by 
Mr.  Root,  and  it  was  determined  in  the  affirmative. 

Ayes  —  Messrs.  Abbott,  Acker,  Ackerly,  Alvord,  Arnold,  Baker, 
Barhite,  Barnum,  Barrow,  Becker,  Brown,  E.  A.;  Brown,  E.  R.; 
Cady,  Carter,  Church,  Clark,  G.  W.;  Clark,  H.  A.;  Coleman, 
Cookinham,  Cornwell,  Countryman,  Davies,  J.  C.;  Davis,  G.  A.; 
Deterling,  Dickey,  Durfee,  Faber,  Floyd,  Foote,  Francis,  Frank, 
Andrew;  Frank,  Augustus;  Fuller,  C.  A.;  Fuller,  O.  A.; 
Galinger,  Goodelle,  Hamlin,  Hawley,  Hecker,  Hedges,  Hill,  Holls, 
Jenks,  Johnson,  I.  Sam;  Johnson,  J.;  Johnston,  R.  M.;  Kellogg, 
Kinkel,  Lauterbach,  Lester,  Lewis,  C.  H.;  Lincoln,  Manley,  Mar- 
shall, Maybee,  McDonough,  Mclntyre,  McKinstry,  McLaughlin, 
C.  B.;  McMillan,  Mereness,  Moore,  Nichols,  W.  H.;  Nicoll,  DeL.; 
Nostrand,  O'Brien,  Parker,  Parkhurst,  Phipps,  Pool,  Porter, 
Powell,  Putnam,  Roche,  Root,  Spencer,  Springweiler,  Steele, 
A.  B.;  Steele,  W.  H.;  Storm,  Sullivan,  T.  A.;  Tibbetts,  Turner, 
Vedder,  Vogt,  Wellington,  Whitmyer,  Wood  ward,  President  —  89. 

Noes  —  Messrs.  Banks,  Blake,  Bowers,  Burr,  Campbell, 
Chipp,  Jr.;  Danforth,  Davenport,  Deady,  Dean,  Deyo,  Durnin, 
Emmet,  Forbes,  Gibney,  Giegerich,  Gilleran,  Goeller,  Green,  J.  I.; 
Griswold,  Herzberg,  A.;  Holcomb,  Hottenroth,  Kerwin,  McAr- 
thur, McClure,  Mulqueen,  Ohmeis,  Osborn,  Parmenter,  Peabody, 


838  JOURNAL  OF  THE 

Peck,  Platzek,   Rogers,   Sandford,   Smith,   Speer,  Titus,  Tucker, 
Veeder,  Williams  —  41. 

Mr.  Becker  offered  a  resolution  in  words  following : 

Resolved,  That  the  Secretary  of  State  be  and  he  hereby  is 
requested  to  cause  the  revision  and  amendments  proposed  by  this 
Convention  to  be  printed  and  published  as  required  by  law  and  the 
resolution  this  day  adopted,  in  such  form  and  type  that  the  pro- 
posed new  constitutional  provisions  shall  be  distinguishable  from 
the  provisions  of  the  present  Constitution  proposed  to  be  revised 
or  amended. 

Mr.  President  put  the  question  on  the  resolution  offered  by  Mr. 
Becker,  and  it  was  determined  in  the  affirmative. 

Mr.  E.  R.  Brown  called  up  the  report  of  the  Committee  on  Con- 
tingent Expenses  in  words  following: 

The  Committee  on  Contingent  Expenses,  to  which  was  referred 
the  annexed  resolution,  providing  for  the  payment  to  Joseph 
Fayel  of  the  sum  of  six  dollars  per  day  during  the  session  on 
account  of  services  performed  by  him  in  the  document  room, 
would  respectfully  report:  That  said  Joseph  Fayel  was  appointed 
a  messenger  of  the  Convention,  and  as  such  became  entitled  to 
three  dollars  per  day  for  his  services,  and  that  he  was  thereafter 
assigned  to  assist  in  the  work  of  the  document  room,  in  accord- 
ance with  the  provisions  of  Rule  72,  authorizing  the  President  of 
the  Convention  to  detail  messengers  to  render  such  assistance  as 
might  be  necessary.  The  Committee  on  Contingent  Expenses  is 
of  the  opinion  that  the  Convention  has  not  the  power  to  allow  the 
additional  compensation  asked  for,,  and  reports  adversely  upon 
such  application. 

GEORGE  F.  LYON, 

Chairman. 

Mr.  E.  R.  Brown  moved  to  disagree  with  the  report  of  the  com- 
mittee, and  that  the  resolution  offered  by  him  be  adopted,  and  it 
was  determined  in  the  affirmative. 

On  motion  of  Mr.  Barhite: 

Resolved,  That  the  thanks  of  the  Convention  are  hereby 
extended  to  Hon.  M.  Delehanty,  Superintendent  of  the  Capitol, 
and  the  attaches  of  his  department,  for  their  kindness  and  cour- 
tesy towards  the  members  of  the  Convention,  and  the  faithful  dis- 
charge of  the  duties  assigned  them  during  the  sessions  of  the  Con- 
vention. 


CONSTITUTIONAL  CONVENTION.  839 

Mr.  Cookinham,  from  the  Special  Committee  on  Address  to  the 
People,  reported  in  words  following: 

IN    CONVENTION. 

Albany,  September  28,  1894. 

The  Delegates  of  the  people  in  Convention  assembled,  to  revise 
and  amend  the  Constitution  of  the  State,  present  to  the  people  a 
revised  and  amended  Constitution  of  fifteen  articles. 

In  this  instrument  we  have  retained  the  general  framework  and 
substance  of  the  existing  Constitution  and  have  sought  only  to 
make  such  modifications  as  experience  has  shown  to  be  desirable, 
without  venturing  upon  undue  experiments. 

Out  of  more  than  four  hundred  amendments  proposed  and  con- 
sidered, we  have  adopted  thirty-three,  besides  striking  out  obsolete 
matter. 

The  main  features  which  we  propose  are  as  follows : 

1.  We  renew  the  recommendation  of  the  Convention  of  1867, 
providing  for  progress  in  agriculture,  by  requiring  general  laws 
giving  the  right  of  drainage  across  adjoining  lands. 

2.  We  seek  to  separate,  in  the  larger  cities,  municipal  elections 
from  State  and  national  elections  to  the  end  that  the  business 
affairs  of  our  great  municipal  corporations  may  be  managed  upon 
their  own  merits,  uncontrolled  by  natipnal  and  State  politics,  and 
to  the  end  also  that  the  great  issues  of  national  and  State  politics 
may  be  determined  upon  their  own  merits,  free  from  the  disturb- 
ing and  often  demoralizing  effect  of  local  contests.     For  this  pur- 
pose, it  has  been  necessary,  by  a  series  of  amendments,  to  rear- 
range the  terms  of  office  and  times  of  elections  of  the  Governor, 
State  officers,  Senators  and  municipal  officers  so  that  the  elections 
for  State  officers  will  occur  on  the  even-numbered  years  and  the 
elections  for  municipal  officers  on  the  odd-numbered  years. 

3.  We  have  provided  further  safeguards  against  abuses  in  leg- 
islative procedure,  by  requiring  that  all  bills  shall  be  printed  in 
their  final  form  at  least  three  days  before  their  passage,  prohibit- 
ing riders  on  appropriation  bills,  providing  for  notice  to  municipal 
authorities  before  special  acts  relating  to  the  larger  cities  can  take 
effect,  prohibiting  the  issue  of  passes  by  railroad,  telegraph  and 
telephone  companies  to  public  officers,  enlarging  the  express  con- 
stitutional powers  of  the  President  of  the  Senate,  and  changing 
the  date  for  the  annual  meeting  of  the  Legislature  from  Tuesday 


840  JOURNAL  OF  THE 

to  Wednesday,  for  the  better  convenience  of  the  members  of  the 
Legislature. 

4.  We  have  removed  the  prohibition  against  the  sale  of  the 
Onondaga  salt  springs,  which  are  a  source  of  annual  loss  to  the 
State.     We  have  also  removed  the  prohibition  against  the  sale  of 
the  Hamburg  canal  in  Buffalo,  which  is  about  one  mile  in  length, 
and  which  serves  no  purpose  except  to  breed  pestilence.   We  have 
also  provided  that  the  public  lands  in  the  Forest  Preserve  shall 
never  be  sold  or  leased,  and  that  the  timber  thereon  shall  never 
be  cut.     This  amendment  is  deemed  important,  as  it  will  preserve 
the  water  supply  of  our  principal  streams  and  a  health  resort  for 
the  people  of  the  State. 

5.  We  have  removed  from  the  Constitution  all  mention  of  the 
office  of  coroner,  so  that  the  Legislature  may  deal  freely  with 
that  branch  of  the  public  service  now  in  such  an  unsatisfactory 
condition. 

G.  The  passion  for  gambling,  to  which  the  system  of  lotteries 
formerly  ministered,  has  found  fresh  opportunity  under  the  so- 
called  Ives  pool  bill,  and  under  color  and  pretext  of  betting  upon 
horse  races  is  working  widespread  demoralization  and  ruin  among 
the  young  and  weak  throughout  the  community.  We  have 
extended  the  prohibition  against  lotteries1  so  as  to  include  all  pool- 
selling,  book-making  and  other  forms  of  gambling. 

It  is  claimed  that  this  provision  will  array  in  opposition  to  the 
proposed  Constitution  a  great  and  unscrupulous  money  power; 
but  we  appeal  to  the  virtue  and  sound  judgment  of  the  people  to 
sustain  the  position  which  we  have  taken. 

7.  We  have  abolished  the  statutory  provision  limiting  the  right 
of  recovery  for  injuries  causing  death  to  $5,000.     There  is  little  or 
no  attempt  to  defend  the  justness  of  this  limitation.     There  seems 
no  adequate  reason  for  fixing  a  limit  by  statute  upon  damages  to 
be  recovered  in  case  of  death,  while  for  an  injury  which  does  not 
produce  death,  they  are  unlimited.     The  control  of  courts  over 
excessive  verdicts  furnishes  ample  protection  in  either  case. 

8.  We  have  sought  to  throw  greater  safeguards  around  the 
elective  franchise  by  prescribing  a  period  of  ninety  instead  of  ten 
days  of  citizenship  before  that  right  can  be  exercised,  so  that  natu- 
ralization may  be  taken  out  of  the  hands  of  campaign  committees 
and  removed  from  the  period  immediately  before  election.    We 
have  found  that  in  some  cases,  upon  the  eve  of  an  important  elec- 
tion, a  single  judge  has  naturalized  citizens  at  the  rate  of  more 
than  five  hundred  a  day.     Such  a  procedure,  of  course,  precludes 


CONSTITUTIONAL  CONVENTION.  841 

all  inquiry  into  the  qualifications  of  the  applicant.  It  is  degrading 
to  citizenship  and  an  injury  to  every  citizen,  whether  native  or 
foreign  born.  We  think  the  simple  provision  which  we  propose 
will  do  much  to  prevent  its  recurrence. 

We  have  also  included  institutions  supported  by  private  charity 
among  those  whose  inmates  do  not  acquire  or  lose  a  residence  for 
the  purpose  of  voting. 

We  have  modified  the  language  relating  to  election  so  that  if  any 
mechanical  device  for  recording  and  counting  votes  is  so  perfected 
as  to  be  superior  to  the  present  system,  the  Legislature  may  make 
trial  of  it. 

We  have  established  in  the  Constitution  the  well-tried  and  satis- 
factory system  of  registration  of  votes,  forbidding,  however,  any 
requirement  of  personal  attendance  on  the  first  day  of  registration 
in  the  thinly-settled  regions  outside  of  the  cities  and  large  villages, 
where  voters  would  have  long  distances  to  travel  to  the  place  of 
registration,  and  we  have  provided  for  securing  an  honest  and  fair 
election  by  requiring  that  on  all  election  boards  election  officers 
shall  equally  represent  the  two  principal  political  parties  of  the 
State. 

9.  We  have  provided  for  a  new  apportionment  of  Senate  and 
Assembly  districts,  and  for  that  purpose  have  fixed  the  number  of 
the  Senate  at  fifty  and  that  of  the  Assembly  at  one  hundred  and 
fifty. 

The  number  of  Senators  was  first  fixed  at  thirty-two  in  1801. 
With  this  number  the  Senate  districts,  as  formed  under  the  Consti- 
tution of  1846,  were  of  reasonable  and  convenient  size,  so  that  each 
Senator  could  come  in  contact  with  his  constituents  and  readily 
represent  them.  In  1846,  the  only  county  in  the  State  which  had 
more  than  one  Senator  was  New  York,  which  had  three. 

In  1846  the  citizen  population  of  the  State  was  2,450,778,  and  in 
1892  it  was  5,790,865. v  In  1846  the  ratio  of  population  for  a  Sena- 
tor was  76,586,  and  in  1892  it  was  fixed  at  180,899.  In  1894  we 
have  fixed  the  ratio  at  115,817. 

Since  1846  the  great  increased  population  in  the  cities,  entitling 
them  to  additional  representation  in  the  Senate,  has  required  a 
corresponding  decrease  in  the  representation  of  the  country  dis- 
tricts, so  that  those  districts  have  been  constantly  enlarged  and 
their  representation  in  the  Senate  has  been  constantly  decreased. 
The  object  of  the  proposed  increase  is  to  restore  the  country  dis- 
tricts to  substantially  the  same  relative  position  in  which  they 
were  in  1846,  and  to  provide  for  the  increased  representation  of  the 


842  JOURNAL  OF  THE 

cities  by  the  increase  in  number  so  that  there  will  be  effective  rep- 
resentation of  the  country  as  well  as  of  the  city  districts. 

The  increase  in  members  of  the  Assembly  was  deemed  necessary 
to  maintain  a  due  proportion  between  the  members  of  the  two 
houses  and  to  permit,  in  the  apportionment  of  members,  a  more 
reasonable  recognition  of  the  great  difference  in  population  in  the 
smaller  counties  of  the  State.  Under  the  present  apportionment, 
St.  Lawrence  county,  with  80,699  citizen  inhabitants,  has  one  mem- 
ber of  Assembly,  or  the  same  representation  accorded  to  Putnam 
county,  with  13,325  citizen  inhabitants.  Such  wide  differences  in 
representation  are  undesirable  and  unjust,  and  have  been  greatly 
reduced  by  the  increase  from  one  hundred  and  twenty-eight  to  one 
hundred  and  fifty,  while  the  effectiveness  of  the  body  has  not 
been  impaired. 

It  is  believed  that  the  distribution  both  of  Senators  and  Assem- 
blymen by  this  arrangement  has  been  made  with  absolute  fairness. 
In  both  cases  they  are  distributed  in  exact  accordance  with  popu- 
lation so  far  as  the  maintenance  of  county  lines  permits,  and  no 
change  in  the  distribution  has  been  asked  or  suggested  by  anyone. 

Attack  has  been  made  upon  two  rules  laid  down  in  the  proposed 
measure  for  the  guidance  of  the  Legislature  in  future  apportion- 
ments. One  of  these  is  the  rule  that  no  county  shall  have  more 
than  three  Senators  unless  it  shall  have  a  full  ratio  for  each  Sena- 
tor, although  smaller  counties  may  receive  a  Senator  or  an  addi- 
tional Senator  on  a  major  fraction  of  a  ratio.  The  reasonableness 
of  this  rule  is  manifest  when  we  consider  that  in  the  large  counties 
which  include  many  Senate  districts,  the  surplus  population  of  all 
those  districts  is  to  be  taken  together  as  a  whole  in  determining 
whether  another  Senator  shall  be  awarded  to  that  county,  while 
the  surplus  population  of  the  smaller  counties  is  not  taken  together 
for  that  purpose,  but  considered  separately.  So  that  an  equal 
number  of  Senate  districts  outside  of  a  great  city  might  have  many 
times  a  surplus  population  which  would  entitle  the  city  to  another 
Senator  and  still  receive  no  additional  representation.  Even 
with  this  limitation,  the  advantage  is  still  greatly  on  the  side  of 
the  city  as  against  the  country  districts  on  account  of  their  small 
territory  and  the  fact  that  all  their  representatives  stand  for  the 
entire  city. 

The  other  rule  attacked  is  that  no  one  county  shall  have  more 
than  one-third  of  all  the  Senators,  and  that  New  York  and  Kings 
county  together  shall  not  have  more  than  one-half  of  all  the 
Senators. 


CONSTITUTIONAL  CONVENTION.  843 

We  submit  this  to  the  people  of  the  State  without  a  doubt  as  to 
its  propriety  and  fairness  and  in  confident  expectation  of  their 
approval. 

Before  another  Constitutional  Convention  presents  its  work  to 
the  people,  it  is  probable  that  the  cities  of  New  York  and  Brooklyn, 
or  the  greater  city  formed  by  their  union,  will  contain  a  majority 
of  the  inhabitants  of  the  State.  If  the  present  system  continues, 
they  will  be  able  to  elect  the  Governor,  the  State  officers,  a 
majority  of  the  Senate  and  a  majority  of  the  Assembly.  Both  by 
force  of  numbers  and  the  multiplied  power  of  compact  organization 
and  cohesion  among  the  representatives  from  a  single  county, 
responsible  to  a  single  local  political  organization,  they  will  be  able 
absolutely  to  control  the  government  of  the  State.  What  will  be 
the  consequence  of  compelling  the  vast  region  extending  from  the 
city  of  New  York  to  the  St.  Lawrence  and  to  Lake  Erie,  with  its 
varied  interests,  sentiments  and  opinions,  not  over  well  understood 
by  the  inhabitants  of  the  city,  to  submit  to  such  denomination? 
Would  such  an  arrangement  conduce  to  the  permanent  welfare  of 
the  State?  Our  opinion  is  that  it  would  not,  and  that  the  pro- 
vision which  secures  to  the  whole  State  outside  of  the  city  a  bare 
half  of  one  house  of  the  Legislature,  leaving  to  the  city  such  control 
as  its  members  may  have  over  the  other  house  and  over  the  execu- 
tive department,  is  a  slender  enough  safeguard  against  so  unfor- 
tunate a  result. 

We  believe  the  provision  to  be  sound  in  principle,  that  some- 
,where  in  every  representative  government,  there  should  be  a 
recognition  of  variety  of  interest  and  extent  of  territory  as  well 
as  of  mere  numbers  united  in  interest  and  location. 

Such  a  departure  from  the  rule  of  strict  numerical  representa- 
tion is  recognized  by  the  Constitution  of  the  United  States  in  the 
organization  of  the  Senate,  by  the  Constitution  of  the  State  of 
Pennsylvania  in  limiting  the  representation  which  the  city  of 
Philadelphia  may  have  in  its  Senate  to  one-sixth  .of  its  members, 
and  by  the  Constitution  of  the  State  of  Maryland  in  limiting  the 
representation  which  the  city  of  Baltimore  may  have.  Similar 
provisions  have  been  adopted  by  the  State  of  Ohio  affecting  Cin- 
cinnati and  Cleveland;  the  State  of  Missouri,  affecting  St.  Louis; 
the  State  of  Rhode  Island,  affecting  Providence,  and  by  other 
States  of  the  Union  having  large  cities.  It  is  the  rule  rather  than 
the  exception  throughout  the  Union. 

10.  We  have  declared  in  the  Constitution  the  principle  of 
service  reform,  that  appointments  and  promotions  are  to  be 


844  JOURNAL  OF*  THE 

based  upon  merit  and  ascertained  so  far  asi  practicable  by  com- 
petitive examination. 

We  have  sought  by  this  to  secure  not  merely  the  advantage 
derived  from  declaring  the  principle,  but  the  practical,  benefit  of 
its  extension  to  the  State  prisons,  canals  and  other  public  works  of 
the  State,  to  which,  under  the  existing  Constitution,  the  court  of 
last  resort  has  decided  that  civil  service  rules  cannot  be  applied. 

11.  In  addition  to  the  foregoing  provisions  for  the  improvement 
of  the  State  administration,  we  have  prohibited  the  contract 
system    of    convict    labor.     By    these    two    provisions  we  have 
adopted  in  full  the  recommendations  of  the  commissioners  of  the 
Prison  Association  in  their  report  of  1867,  and  declared  a  settled 
policy  in  accordance  with  the  most  enlightened  views  of  our  time, 
with  the  belief  that  the  application  of  these  provisions  will  go  far 
to  prevent  such  jobbery  and    scandals   as   have   affected   their 
administration  in  the  past. 

12.  We  have  authorized  the  Legislature  to  provide  for  the 
improvement  of  the  canals,  without,  however,  borrowing  money  for 
that  purpose  unless  the  people  expressly  authorize  it  pursuant  to 
the  provisions  of  article  7,  section  12  of  the  present  Constitution. 
Unless  such  authority  for  borrowing  money  is  given,  any  improve- 
ment made  must  be  paid  for  as  it  progresses  in  the  same  manner 
as  the  present  expense  of  maintenance  and  repair,  and  the  expen- 
diture will  thus  remain  under  the  control  of  the  people. 

13.  We  have  required  the  Legislature  to  provide  for  free  public 
schools,  in  which  all  the  children  of  the  State  may  be  educated,  and 
we  have  prohibited  absolutely  the  use  of  public  money  in  aid  of 
sectarian  schools.    We  have  provided  also  for  regulating  and  lim- 
iting the  payment  of  public  money  to  private  institutions  for  the 
support  of  the  poor  by  depriving  the  Legislature  of  the  power  to 
pass  mandatory  laws  requiring  such  payments  from  counties, 
cities,  towns  and  villages,  and  by  subjecting  such  expenditures  to 
the  control  of  the  State  Board  of  Charities. 

14.  The  revision  of  the  judiciary  article  is  designed  to  remedy 
the  existing  evils  arising  from  the  overcrowding  of  the  trial 
calendars,  especially  in  the  large  cities,  and  of  the  calendar  of  the 
Court  of  Appeals. 

It  seeks  to  accomplish  the  former  by  consolidating  the  Superior 
City  Courts  with  the  Supreme  Court,  thus  securing  greater  econ- 
omy of  judicial  force,  and  by  a  moderate  increase  in  the  number 
of  justices.  Not,  however,  making  the  number  as  great  in  propor- 


CONSTITUTIONAL  CONVENTION.  845 

tion  to.  the  population  of  the  State  as  it  was  at  the  time  of  the  last 
increase  which  the  people  approved  in  1882. 

We  expect  to  obviate  the  overcrowding  of  the  Court  of  Appeals 
calendar  by  establishing  more  effective  and  satisfactory  courts  of 
intermediate  appeal,  and  enlarging  their  power  and  jurisdiction. 
In  place  of  the  nine  G-eneral  Terms  now  existing,  five  in  the 
Supreme  Court  and  four  in  the  Superior  City  Courts,  we  provide 
that  the  State  shall  be  divided  into  four  departments  and  that  in 
each  there  shall  be  a  tribunal  composed  of  five  justices  of  the 
Supreme  Court,  who  shall  perform  substantially  no  other  duties, 
and  shall  be  the  court  of  last  resort  for  that  department  upon  all 
questions  of  fact  and  upon  all  interlocutory  proceedings. 

The  Court  of  Appeal's  is  limited  to  its  proper  function  of  declar- 
ing and  settling  the  law.  Believing  that  under  the  operation  of 
the  proposed  Appellate  Division  of  the  Supreme  Court  and  with 
distribution  of  duties  and  jurisdiction  above  indicated  strictly 
observed,  the  Court  of  Appeals  will  have  no  difficulty  in  meeting 
all  demands  upon  it,  we  have  done  away  with  the  makeshift  of  a 
second  division,  and  have  prohibited  the  imposition  of  a  money 
limit  upon  the  right  of  appeal  to  the  Court  of  Appeals. 

We  have  also  abrogated  the  provision  for  judicial  pensions,  done 
away  with  justices  of  sessions,  abolished  the  Courts  of  Sessions, 
and  conferred  their  jurisdiction  upon  the  County  Courts,  abolished 
Courts  of  Over  and  Terininer  and  Circuit  Courts  and  conferred 
their  jurisdiction  upon  the  Supreme  Court,  enlarged  and  defined 
the  jurisdiction  of  County  Courts,  prohibited  county  judges  and 
surrogates  in  counties  of  over  120,000  inhabitants  from  practicing 
law,  forbidden  the  Legislature  to  further  enlarge  the  jurisdiction 
of  local  and  inferior  courts  of  its  own  creation,  and  in  various  other 
ways  simplified  and  strengthened  the  judiciary  system. 

The  general  object  of  the  judiciary  article  as  proposed,  is  to 
secure  the  more  speedy,  uniform  and  effective  administration  of 
justice  throughout  the  State. 

15.  We  have. so  amended  the  present  Constitution  as  to  provide 
for  a  naval  as  well  as  a  land  force  of  militia.    That  the  militia  shall 
not  be  reduced  below  10,000  men  and  that  the  Legislature  shall 
provide  for  their  support. 

16.  In  order  to  allow  every  voter  to  exercise  a  choice  in  voting 
on  some  of  the  important  proposed  amendments,  we  have  provided 
that  the  Revised  Constitution  shall  be  submitted  to  the  people 
in  three  parts,  viz.  : 


846  JOURNAL  OF  THE 

1.  That  making  an  apportionment  of  Senators  and  members 
of  the  Assembly. 

2.  That  pertaining  to  the  improvements  of  the  canals. 

3.  All  the  remainder  of  the  proposed  amendments  as  a  whole. 
We  submit  our  work  to  the  people  confident  that  if  ratified 

by  them,  experience  of  its  operation  will  show  that  it  will  be  a 
safe  and  efficient  organic  law,  competent  for  the  present  needs 
of  this  great  commonwealth,  and  sufficient  for  the  demands  of 
that  expanding  civilization  which  the  ensuing  twrenty  years  will 
witness. 

H.  J.  COOKINHAM. 
ELIHU  BOOT. 
ELON  B.  BBOWN. 
CHESTER  B.  McLAUGHLIN. 
DANIEL  H.  MCMILLAN. 
M.  H.  HIBSCHBEBG. 
JOSEPH  H.  CHOATE. 
MILO  M.  ACKEB. 

Mr.  Blake  moved  that  said  address  lie  on  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  adoption  of  said  address, 
and  it  was  determined  in  the  affirmative. 

Mr.  Gookinham  moved  that  the  address,  for  publication,  be 
authenticated  by  the  signatures  of  the  President  and  the  Secre- 
tary of  the  Convention. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Cookinham, 
and  it  was  determined  in  the  affirmative. 

Mr.  Lyon  offered  a  resolution  in  words  following : 
Besolved,  That  a  number  of  copies  of  the  address  prepared  by 
the  committee  of  the  Convention  appointed  for  that  purpose,  cor- 
responding to  the  number  of  copies  of  the  proposed  Constitution 
printed,  be  printed  for  distribution  with  the  copies  of  the  proposed 
Constitution. 

Mr.  President  put  the  question  on  said  resolution,  and  it  wai 
determined  in  the  affirmative. 


CONSTITUTIONAL  CONVENTION.  847 

Mr.  Lester  offered  a  resolution  in  the  words  following : 

Resolved,  That  the  Sergeant-at-Anns  and  two  assistants  to  be 
designated  by  him,  remain  at  Albany  for  twenty  days  after  the 
final  adjournment  of  the  Convention  to  receive  and  forward  mail 
matter  addressed  to  the  members  of  the  Convention,  to  answer 
calls  for  documents  and  to  attend  to  such  other  matters  as  may  be 
required  incidental  to  the  Convention  and  its  adjournment. 

Mr.  Francis  moved  to  strike  out  the  words  "  Sergeant-at-Anns  " 
and  insert  "  Postmaster,"  and  it  was  determined  in  the  negative. 

Mr.  President  put  the  question  on  the  resolution  offered  by 
Mr.  Lester,  and  it  was  determined  in  the  affirmative. 

Mr.  Boot  offered  a  resolution  in  words  following: 

Resolved,  That  the  services  of  the  Secretary  and  his  assistants, 
and  of  the  janitor  and  one  messenger  and  one  page,  to  be  desig- 
nated by  the  Secretary,  be  retained  for  two  weeks  from  the  adjourn- 
ment of  the  Convention  for  the  purpose  of  finishing  its  work  under 
orders  heretofore  made,  and  that  they  be  paid  from  the  contingent 
fund  at  the  same  rate  as  heretofore. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Putnam  offered  a  resolution  in  words  following: 

That  F.  C.  Loomis,  messenger,  be  allowed  the  sum  of  two  dollars 
($2.00)  per  day  since  May  21,  1894,  for  extra  services  performed  in 
the  document  room  since  that  date,  and  that  the  Comptroller  be 
authorized  to  pay  the  same  upon  the  certificate  of  the  President 

On  motion  of  Mr.  Root,  said  resolution  was  laid  on  the  table. 

On  motion  of  Mr.  Roche: 

Resolved,  That  the  thanks  of  this  Convention  be  and  they 
hereby  are  tendered  to  the  members  of  the  Revision  Committee 
for  their  painstaking,  exacting  and  arduous  labors  in  revising  and 
perfecting  the  work  of  this  Convention  in  form  to  be  submitted 
to  the  people. 

Mr.  Vedder  moved  that  when  the  Convention  adjourn  to-day  it 
be  to  meet  to-morrow  morning  at  ten  o'clock. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder, 
and  it  was  determined  in  the  affirmative. 

Mr.  Moore  moved  that  a  complete  set  of  the  Convention  docu- 
ments, Journal  and  Record  be  sent  to  the  Plattsburgh  High 
school  library,  and  the  Y.  M.  C.  A.  library,  of  Plattsburgh. 


848  JOURNAL  oft  THE 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Moore,  and 
Messrs.  McDonough  and  Smith  were  appointed  tellers  and 
announced  the  following  vote:  Ayes  61,  noes  20,  and  the  motion 
was  declared  carried. 

On  motion  of  Mr.  Cookinham,  at  five  o'clock,  the  Convention 
adjourned. 


Saturday,  September  29,  1894. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  Dr.  W.  C.  Doane. 

The  Journal  of  Friday,  September  twenty-eighth,  was  read  and 
approved. 

Mr.  Goodelle  offered  a  resolution  in  words  following: 

Resolved,  That  the  thanks  of  this  Convention  are  due  and 
hereby  tendered  to  Melville  Dewey,  Director  of  the  State  Library, 
and  to  his  assistants,  for  their  uniform  courtesy  and  kindness  to 
the  Delegates  of  the  Convention  during  its  session. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Albany,  September  29,  1894. 
Hon.  Joseph  H.  Choate,  President  Constitutional  Convention : 

In  pursuance  of  a  resolution  adopted  by  the  Convention,  Sep- 
tember 28,  1894,  J.  S.  Saunders  and  George  D.  Weeks  are  hereby 
designated  to  remain  twenty  days  after  the  final  adjournment  of 
the  Convention,  to  perform  the  duties  specified  in  said  resolution. 

W.  W.  BENNETT, 

Sergeant-at-Arms. 

The  Secretary  designated,  pursuant  to  the  resolution  of  Sep- 
tember twenty-eighth,  Messenger  A.  D.  Taylor  and  Page  J.  H. 
Millard  to  remain  for  two  weeks  and  assist  in  finishing  the  work 
of  the  Convention^ 

Mr.  Putnam  moved  to  take  from  the  table  the  resolution  previ- 
ously offered  by  him  in  words  following: 

Resolved,  That  F.  C.  Loomis,  messenger,  be  allowed  the  sum  of 
two  dollars  per  day  since  May  21, 1894,  for  extra  services  performed 
in  the  document  room  since  that  date,  and  that  the  Comptroller  be 
authorized  to  pay  the  same  upon  the  certificate  of  the  Secretary. 


CONSTITUTIONAL  CONVENTION.  849 

Mr.  President  put  the  question  on  the  motion  to  take  from  the 
table,  and  it  was  determined  in  the  affirmative. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Holls  offered  a  resolution  in  words  following: 
Resolved,  That  the  President  and  Secretary  be  and  they  are 
hereby  authorized  and  directed  to  attest,  by  their  signatures,  the 
Constitution  adopted  by  this  Convention  and  deliver  the  same  to 
the  Secretary  of  State,  as  required  by  law. 

Mr.  President  put  the  question  on  said  resolution,  and  it  was 
determined  in  the  affirmative. 

Mr.  Lyon  offered  a  resolution  in  worda  following : 
Resolved,  That  the  Secretary  of  this  Convention  be  and  hereby 
is  directed  to  have  printed  such  number  of  copies  of  the  proposed 
Constitution  and  Address,  additional  to  those  already  ordered,  as 
may  be  necessary  to  supply  members  of  the  Convention  with  such 
number  of  copies  for  distribution  as  may  be  desired  by  members, 
not,  however,  exceeding  in  the  aggregate  50,000  copies;  and  in  the 
event  of  the  demand  exceeding  the  number  of  copies  provided  for 
by  this  and  the  preceding  resolution  relating  to  printing  copies 
of  the  proposed  Constitution  for  distribution,  the  Secretary  is 
directed  to  apportion  the  same  among  the  members  requesting 
copies  in  such  manner  as  may  be  just. 

Mr.  Becker  moved  to  amend  by  adding  at  the  end,  "  and  that  the 
Secretary  cause  the  proposed  amendments  and  revision  to  be 
printed  in  such  manner  that  the  new  matter  proposed  by  this 
Convention  shall  be  distinguishable  from  the  provisions  of  the 
present  Constitution.  The  Secretary  is  hereby  authorized  and 
directed  to  notify  the  printer  that  this  matter  is  entitled  to  pre- 
cedence over  all  other  printing  of  the  Convention,  and  that  it  must 
be  completed  and  delivered  on  or  before  October  10,  1894,  or  it 
will  not  be  accepted  or  paid  for." 

Mr.  Lyon  accepted  the  amendment. 

Mr.  Durf  ee  moved  to  amend  by  striking  out  that  portion  of  the 
resolution  relating  to  the  designation  of  the  exact  amendments 
made,  by  printing  them  in  italics. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Durf  ee,  and 
it  was  determined  in  the  affirmative. 
54 


850  JOURNAL  OF  THE 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Lyon,  as 
amended,  and  it  was  determined  in  the  affirmative. 

Mr.  E.  A.  Brown  moved  that  the  compensation  of  E.  W.  Parkhill, 
Financial  Secretary,  be  increased  to  ten  dollars  a  day  from  the 
date  of  the  beginning  of  the  session. 

Mr.  Spencer  moved  to  lay  said  resolution  on  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

Mr.  Smith  offered  a  resolution  in  words  following: 

Resolved,  That  the  pages  of  the  Convention  be  allowed  and  paid 
at  the  rate  of  three  dollars  per  day  from  May  22,  1894,  and 
that  the  Comptroller  pay  such  additional  allowance  to  them 
respectively. 

Mr.  Spencer  moved  to  lay  said  resolution  on  the  table. 

Mr.  President  put  the  question  on  the  motion  to  lay  on  the 
table,  and  it  was  determined  in  the  affirmative. 

Mr.  Vedder  moved  that  the  Convention  take  a  recess  until 
twelve  o'clock. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder,  and 
it  was  determined  in  the  affirmative,  and,  at  eleven  o'clock,  the 
Convention  took  a  recess. 


AFTERNOON  SESSION. 

Twelve  o'clock. 
The  Convention  again  met. 

Mr.  Deyo  in  the  chair. 
On  motion  of  Mr.  Nicoll: 

Resolved,  That  the  thanks  of  the  Convention  be  tendered  to 
Hon.  Joseph  H.  Choate  for  the  ability,  fairness  and  courtesy  which 
have  distinguished  his  services  as  President  of  this  Convention. 

On  motion  of  Mr.  Durnin: 

Resolved,  That  the  thanks  of  this  Convention  be  tendered  to 
Hon.  Thomas  G.  Alvord  and  William  H.  Steele  for  their  efficient 
services  as  Vice-Presidents  of  this  Convention. 

Hon.  John  Palmer,  Secretary  of  State,  then  appeared  in  the 
Convention,  and  the  President  delivered  to  him,  for  preservation 
among  the  archives  of  the  State,  in  his  office,  the  engrossed  copy 


CONSTITUTIONAL  CONVENTION.  851 

of  the  Kevised  Constitution  as  adopted  by  the  Convention,  duly 
attested  by  the  signatures  of  the  President  and  Secretary,  as 
directed  by  the  Convention,  and  the  receipt  of  the  same  was  duly 
acknowledged  by  the  Secretary  of  State. 

On  motion  of  Mr.  Blake: 

Resolved,  That  the  thanks  of  the  Convention  be  tendered  to 
Charles  E.  Fitch,  Secretary,  and  Edward  M.  Johnson,  Assistant 
Secretary,  and  the  several  clerks  of  the  Convention,  for  their 
able  and  efficient  services  and  the  very  satisfactory  manner  in 
which  they  have  discharged  the  duties  of  their  several  offices. 

The  President  then  addressed  the  Convention  in  words 
following: 

Gentlemen. —  Before  the  motion  to  adjourn  is  put,  it  may  be 
proper  for  me  to  say  a  few  words  to  you  in  the  nature  of  a  farewell. 
It  is  now  nearly  five  months  since  we  came  together  and  mutually 
interchanged  our  oath  to  perform  with  fidelity  the  duties  intrusted 
to  us  as  Delegates  to  this  Convention,  and  I  think  we  may  look 
back  upon  that  long  period  of  protracted  and  arduous  labor,  and 
without  any  pride  or  boastings,  with  our  hands  upon  our  hearts, 
say  that  we  have  faithfully  attempted  to  discharge  the  duties  so 
assumed.  We  found  great  responsibility  and  difficult  duties 
intrusted  to  us.  We  were  to  decide,  in  the  first  place,  the  great 
question  whether  we  should  devise  a  new  Constitution  for  the 
State  of  New  York,  or  merely  repair,  enlarge  and  improve  that 
ancient  structure  under  which  its  people  had  prospered  and  lived 
in  happiness  so  long.  There  could  be  but  one  answer  to  that 
question.  We  had  only  to  go  over  this  venerable  structure  to 
discover  the  defects  which  the  ravages  of  time  had  made,  the 
improvements  and  additions  which  the  progress  of  civilization 
demanded,  and  to  apply  our  wisdom,  so  far  as  we  might,  to  the 
work  of  improvement  and  repair. 

More  than  four  hundred  amendments  were  proposed  to  it  from 
the  teeming  brains,  not  only  of  Delegates,  but  from  large  numbers 
of  citizens  who  thought  that  they  could  aid  in  the  work.  In  my 
judgment,  one  of  the  greatest  services  that  we  have  rendered,  one 
of  the  greatest  claims  to  the  gratitude  of  the  people  of  the  State 
which  we  can  put  forth  is,  that  of  those,  more  than  four  hundred, 
we  have  adopted  only  thirty-three.  We  have  demonstrated  that 
this,  at  least,  was  a  conservative  Convention,  mindful  of  the  value 
of  the  experience  of  the  past,  of  the  precious  value  of  the  institu- 
tions which  our  fathers  had  handed  'down  to  us. 


852  JOURNAL  OF  THE 

We  found  at  the  outset  four  or  five  great  subjects  upon  which 
the  public  mind  had  been  exercised,  and  in  regard  to  which  it 
seemed  necessary  that  we  should  apply  the  improving  hand.  We 
have  done  it  to  the  best  of  our  ability.  With  one  exception,  all  of 
these  have  received  the  joint  support  of  the  Delegates,  I  may  say, 
without  regard  to  political  or  party  consideration. 

There  was  a  renovation  of  our  judicial  system,  the  system  upon 
which  the  happiness  and  welfare  of  the  people  more  nearly 
depends  than  upon  any  other  part  of  the  Constitution  of  the  State. 
We  have  endeavored  to  give  to  the  people  of  the  State  a  judicial 
system  which  shall  answer  their  purposes,  at  least,  for  the  next 
twenty  years.  We  believe  that  if  they  will  take  up  the  judiciary 
article  and  examine  it,  they  will  find  that  the  object  of  this  Con- 
vention has  been  successfully  accomplished,  namely,  by  means 
of  it  to  bring  justice  home  to  the  doors  of  the  people  throughout 
the  State  more  completely,  more  promptly,  more  efficiently  than 
it  has  ever  been  before. 

And  then  there  was  our  common  school  system,  that  other  foun- 
dation of  the  civilization  itself,  of  which  the  people  of  this  State 
will  so  proudly  boast.  We  have  done  much  for  that.  We  have 
secured  the  establishment  throughout  this  State  of  common 
schools,  in  which  all  the  children  of  the  State  may  receive,  at  the 
public  expense,  an  adequate  education.  We  have  guarded  against 
that  danger  which  had  excited  so  much  apprehension  within  the 
borders  of  this  commonwealth,  that  perhaps  there  was  already 
beginning,  and  likely  to  continue  and  to  grow,  a  diversion  of  money 
raised  by  taxation  for  educational  purposes  into  sectarian  hands 
and  control.  All  that  we  have  successfully  and,  as  I  believe,  abso- 
lutely accomplished  by  our  educational  article. 

There  was  another  subject  which  deeply  agitated  the  minds  of 
the  people  of  this  State,  and  that  was  the  application  of  public 
money  in  the  way  of  private  charity.  By  many  who  had  not  care- 
fully examined  the  subject  it  was  believed  to  be  inherently  an  evil 
which  could  only  be  cured  by  cutting  it  out  by  the  roots.  We  have, 
through  our  Charities  Committee,  most  carefully  examined  that 
question,  and  I  think  we  came  to  the  conclusion  that  the  system 
which  the  State  had  deliberately  adopted  and  carefully  followed 
now  for  more  than  twenty  years,  of  employing  the  aid  of  honest, 
faithful,  devoted  private  charitable  institutions  for  the  care  of 
certain  wards  of  the  State  that  could  not  otherwise  be  as  well 
cared  for,  ought  not  to  be  departed  from;  but  at  the  same  time 
there  were  abuses  incident  to  the  conduct  of  that  mode  of  charity 


CONSTITUTIONAL  CONVENTION.  853 

which,  at  least,  there  should  be  a  stop  put  to,  and  we  have  deprived 
the  Legislature  of  all  compulsory  power  in  the  matter.  Hereafter, 
if  this  Constitution  is  adopted,  no  subordinate  division  of  the  State 
can  be  compelled  by  the  central  power  of  the  State  to  devote  a 
dollar  of  its  money  against  its  will  to  any  particular  form  of 
charity.  Besides  that  we  have  secured  the  regulation  of  the  State 
Board  of  Charities  to  this  effect :  That  wherever  any  public  money 
is  devoted  to  a  private  charity  for  the  public  service,  it  shall  con- 
tinue under  public  control,  and  the  vigilant  eye  and  the  strong 
arm  of  the  people  shall  be  able  to  follow  every  dollar  of  the  public 
money  into  every  institution  to  which  it  is  so  devoted. 

There  is  one  subject  of  vast  importance  upon  which  we  have  not 
been  able  in  like  manner  to  agree  without  distinction  of  political 
preferences.  But  this,  let  me  say,  that  while,  as  I  believe,  upon 
the  one  side  happen  to  be  the  majority,  the  scheme  of  apportion- 
ment has  been  devised  with  a  pure  and  patriotic  eye  for  the  public 
good,  believing  that  the  best  welfare  of  all  the  people  of  this  State 
demanded  it.  We  give  credit  for  equal  good  faith,  equal  honesty, 
equal  patriotism  to  those  in  this  Convention  who  cannot  accept 
that  view,  and  who  believe,  in  other  words,  that  it  is  unnecessary, 
unwise  and  effective  with  political  and  partisan  spirit.  Gentle- 
men, upon  that  subject  we  have  agreed  to  disagree,  and  we  lay  our 
work  before  the  people  separately,  and,  in  my  judgment,  it  was  a 
most  magnanimous  and  generous  act  on  the  part  of  the  majority 
of  this  body  to  separate  that  political  question  from  all  the  others 
that  are  non-political,  and  to  not  attempt,  as  it  would  not  have 
been  right  or  fair  to  attempt,  to  say  to  the  voters  of  this  State: 
If  you  wish  to  have  these  wise  and  great  and  useful  reforms  that 
this  Constitution  contains,  you  could  only  have  them  at  the  price 
of  voting  for  this  apportionment  scheme,  and,  on  the  other  hand, 
to  say  to  them,  you  could  only  have  this  apportionment  scheme 
by  voting  for  these  ten,  twenty,  thirty  constitutional  amendments, 
as  to  many  of  which  you  may  have  personal  and  honest  objections. 

In  the  remarks  which  I  had  the  pleasure  to  address  to  you  on 
the  opening  of  this  Convention,  I  referred  to  these  subjects!  as 
those  which  were  of  great,  pressing  and  special  importance. 
Besides  these  we  have  been  able  to  contribute  many  other  wise 
provisions  of  reforms  which  it  is  no  time  for  me  now  to  enumer- 
ate. I  believe  if  they  are  adopted  they  will  contribute  to  the 
welfare  of  the  people  of  this  State  and  it  seems  to  me  thiat  it  is 
the  duty  of  the  members'  of  this  Convention  who  have  taken!  such 
an  active,  such  an  ardent>  such1  a  patriotic  part  in  framing  and 


854  CONSTITUTIONAL  CONVENTION. 

passing  them,  to  go  their  way  among  the  people,  explaining, 
instructing,  advocating  these  various  measures  intended  for  the 
public  good,  so  that  when  the  sixth  day  of  November  comes  our 
people  throughout  the  length  and  breadth,  of  the  State  will  at 
least  understand  our  work,  and  if  they  like  it,  they  will  approve 
of  it 

Gentlemen,  I  have  to  thank  you  for  all  your  kindness  and  cour- 
tesy to  me  throughout  all  the  trying  days  of  this  Convention. 
I  was  aware,  from  the  beginning  to  the  end,  of  my  inadequacy  for 
the  duties  that  you  had  imposed  upon  me.  The  friendships  that 
I  have  formed  in  this  body  will  last  throughout  my  life.  I  thank 
you  for  your  special  kindness  manifested  an  hour  ago.  It  over- 
whelmed me  with  emotions  of  gratitude.  And  let  me,  in  closing, 
express  the  fond  hope  that  all  the  members  of  this  Convention 
may  look  with  pride  and  satisfaction  each  upon  his  own  labors 
in  this  Convention,  that  it  will  be  to  him  to  the  last  moment 
of  his  life  a  precious  honor  to  have  occupied  a  seat  and  have 
his  name  enrolled  upon  its  list.  I  trust,  gentlemen,  you  may  go 
away  to  your  various  homes1  and  enjoy  to  the  end  of  your  days, 
peace,  prosperity  and  happiness. 

Mr.  Vedder  moved  that  the  Convention  now  adjourn  sine  die. 

Mr.  President  put  the  question  on  the  motion  of  Mr.  Vedder, 
and  it  was  determined  in  the  affirmative,  and  the  Convention 
adjourned  sine  die. 

JOSEPH  HODGES  CHOATE, 

President. 

CHARLES  ELLIOTT  FITCH,  Secretary. 

EDWARD  MCMILLAN  JOHNSON,  i 

MARCUS  MARCELLUS  CASS,  JR., 
JAMES  CALHOUN  SHELDON, 
EMMIT  WILLIAM  PARKHILL, 

Assistant  Secretaries. 


INDEX 


Overture.— For  conciseness  and  to  avoid  confounding  "  proposed  consti- 
tutional amendments  "  with  amendments  of  various  tenor  so  often  occur- 
ring in  the  text,  the  term  "  overture,"  as  originally  used  in  the  Convention 
Manual,  Record  and  Journal,  is  adopted  in  this  index  to  designate  all 
propositions  for  amending  the  Constitution. 

EDWARD  M.  JOHNSON,  Editor. 

A.  Pa§e- 

Abbott,  Vasco  P.,  delegate,  Twenty-second  Senate  district,  Gouveneur, 

St.  Lawrence  county 13 

bills,  presentation  of,  to  the  Governor,  relating  to,  presented  by. 

(See  Overtures.) 
certificate  of  State  Board  of  Canvassers  to  election  of,  as  delegate . .     12 

female  suffrage,  petition  favoring,  presented  by 82 

member  of  Committee  on  Governor  and  State  Officers 30 

member  of  Committee  on  Suffrage 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

pardoning  power,  relating  to,  presented  by.     (See  Overtures.) 
revision    of    legislative    bills,    relating    to,    presented    by.    (See 

Overtures.) 

rules,  to  amend,  motion  made  by 105 

Sixth  Senatorial  district,  seat  contested  case,  relating  to,  motion 

made  by.    (See  Seats  Contested.) 
suffrage,  relating  to,  presented  by.     (See  Overtures.) 

Absence,  leave  of,  granted  to: 

Mr.  Abbott 254,  375,  451,  508,  523,  542,  547 

Mr.  Acker 321,  451,  502 

Mr.  Ackerly 80,  308,  502 

Mr.  Allaben 500 

Mr.  Alvord 162,  502,  506,  508,  523,  549,  560 

Mr.  Arnold 375,  421,  433,  451,  508 

Mr.  Baker  .  .  .  .  491 

Mr.  Banks 491,  509,  543 

Mr.  Barhite 486 

Mr.  Barnum • 442 

Mr.  Barrow 486 

Mr.  Becker 190,  375,  456 

Mr.  Bigelow 433,  515 

55 


856  INDEX. 

Absence,  leave  of,  granted  to  —  (Continued):  Page. 

Mr.  Blake , 362,  508 

Mr.  Bowers 55,  240,  456 

Mr.  Brown,  E.  A 308,  344,  368,  378,  502,  542 

Mr.  Brown,  E.  R 358,  442 

Mr.  Burr 121,  386,  484 

Mr.  Bush ; 375,  391,  456,  486 

Mr.  Cady 424 

Mr.  Campbell 362,  479 

Mr.  Carter 442,  486 

Mr.  Cassidy 531 

Mr.  Chipp,  Jr 358,  433,  440,  542 

Mr.  Church 386,  486 

Mr.  Clark,  G.  W 368,  467,  500 

Mr.  Clark,  H.  A 55,  362,  451,  502,  509,  542 

Mr.  Cochran 506,  537,  553 

Mr.  Colenmn 456,  506 

Mr.  Cookinham  .  .  . , * . .  308,  344,  537 

Mr.  Cornwell 80,  351,  375,  399,  433,  442,  476,  479,  502,  508,  547 

Mr.  Crosby 55,  491,  506,  531,  542 

Mr.  Danforth 421,  456,  523 

Mr.  Davenport 531 

Mr.  Davies,  J.  C -. .  351,  433,  549 

Mr.  Davis,  G.  A 351,  432,  459,  491 

Mr.  Deady 80,  254,  351,  421,  451,  506,  553 

Mr.  Deyo 80,  351,  421,  451,  502,  515,  523,  553 

Mr.  Dickey 386,  442,,  506 

Mr.  Doty 432,  523,  565,  719 

Mr.  Durfee 421,  433,  484,  506 

Mr.  Durnin 121,  351,  391,  399,  433,  548,  560,  593 

Mr.  Faber 378,  553 

Mr.  Farrell 368,  451 

Mr.  Fields  .  . 549 

Mr.  Foote  .  .  .  ." 386,  500,  523 

Mr.  Forbes 375,  451,  500,  549 

Mr.  Francis 515,  560 

i        Mr.  Frank,  Andrew 296,  362,  456,  500,  508,  560 

Mr.  Frank,  Augustus 391,  456,  523 

Mr.  Fraser 469,  479 

Mr.  Fuller,  O.  A 362,  368,  502 

Mr.  Galinger 500,  523,  553 

Mr.  Gibney 362,  491,  531 

Mr.  Giegerich 254,  456,  500,  506,  549,  719 

Mr.  Gilbert 55,  344,  421,  456,  479,  506,  565 

Mr.  Gilleran 362 

Mr.  Goeller 421,  442,  469,  500,  549 

Mr.  Goodelle 362,  375,  406,  451,  484,  549 

Mr.  Green,  A.  H 421,  451 

Mr.  Green,  J.  1 374,  432,  440,  491,  523,  560 


INDEX.  857 

Absence,  leave  of,  granted  to  —  (Continued):  Page. 

Mr.  Griswold 368,  451,  523,  542,  560 

Mr.  Hamlin .254,  421,  476,  508 

Mr.  Hawley  -. 486 

Mr.  Hecker 509,  560 

Mr.  Hedges 240,  469,  523,  543,  560 

Mr.  Herzberg,  A 351,  421,  442,  508,  549 

Mr.  Hill 254,  375,  502,  537 

Mr.  Hirschberg,  M.  H 237,  378,  406,  121,  456,  509 

Mr.  Holcomb 192,  254,  399,  421,  469,  523,  542 

Mr.  Holls 254 

Mr.  Hotchkiss 456,  506,  547 

Mr.  Hottenroth 451 

Mr.  Jacobs 368,  506,  549 

Mr.  Jenks 358,  378,  391,  451,  479,  506,  543 

Mr.  Johnson,  I.  Sam 432,  548 

Mr.  Johnson,  J 378,  399,  523 

Mr.  Johnston,  R.  M 362,  469 

Mr.  Kellogg 358,  433,  456,  476,  486,  523,  560,  636 

Mr.  Kerwin 451,  719 

Mr.  Kimrney 374,  451,  491,  543,  719 

Mr.  Kinkel 467,  531,  553 

Mr.  Kurth 486 

Mr.  Lauterbach 80,  351,  375,  421,  433,  451,  484,  531,  543,  560 

Mr.  Lester 375,  386,  451,  537,  719 

Mr.  Lewis,  C.  H 378,  399,  486,  549 

Mr.  Lewis,  M.  E 55,  351,  378,  451,  491,  506,  542,  549,  608 

Mr.  Lincoln 502 

Mr.  Lyon -375,  486,  531,  549 

Mr.  Manley 440,  456,  548 

Mr.  Mantanye   80,  451,  502,  523,  565 

Mr.  Marshall 543 

Mr.  Maybee 55,  424,  479,  506,  542 

Mr.  McArthur 421,  547,  688,  719 

Mr.  McOlure 192,  351,  375,  399,  451,  486,  515 

Mr.  Mclntyre 479,  549 

Mr.  McKinstry   254,  296,  500,  553 

Mr.  McLaughlin,  C.  B 456,  479,  543,  553 

Mr.  McLaughlin,  J.  W 506 

Mr.  McMillan 358,  375 

Mr.  Meyenborg ;.  351,  456,  479,  548,  719 

Mr.  Moore 55,  254,  368,  500,  502,  548 

Mr.  Mullen 80,  254,  362 

Mr.  Mulqueen 378,  451,  484,  506 

Mr.  Nichols,  W.  H 80,  391,  469,  486 

Mr.  Nicoll,  De  L 500,  549 

Mr.  Nostrand 467,  500 

Mr.  O'Brien  .  : 602 

Mr.  Ohmeis 391,  479,  502 


858  INDEX. 

Absence,  leave  of,  granted  to  —  (Continued):  Page. 

Mr.  Osborii 386,  469 

Mr.  Parkhurst 531 

Mr.  Parmenter 190,  358,  456,  523,  560 

Mr.  Pashley 456,  553,  565 

Mr.  Peabody 303,  344,  358,  469,  491,  548 

Mr.  Peck 451,  547 

Mr.  Phipps 351,  368,  424,  560 

Mr.  Platzek 442,  500 

Mr.  Pool 433,  451,  486,  523,  549,  688 

Mr.  Porter 391,  451,  502,  548 

Mr.  Powell 399,  502,  537,  542,  565 

Mr.  Pratt 254,  374 

Mr.  Putnam 476>  486 

Mr.  Redman 254,  424,  508 

Mr.  Riggs 80,  120,  368 

Mr.  Roche 351,  375,  399,  456,  486,  515,  549 

Mr.  Roderick 351,  375 

Mr.  Rogers ' 374 

Mr.  Rowley 479 

Mr.  Sandford 479,  523,  542,  565,  719 

Mr.  Schumaker 508 

Mr.  Smith 351,  424,  515 

Mr.  Spencer 456 

Mr.  Springweiler 451,  508 

Mr.  Steele,  A.  B 375,  451,  542 

Mr.  Storm 121,  421,  506 

Mr.  Sullivan,  T.  A 506,  553 

Mr.  Sullivan,  W 509 

Mr.  Tekulsky 286,  421,  479,  537 

Mr.  Tibbetts 406,  442,  508,  548 

Mr.  Titus 378,  523,  548 

Mr.  Towns 321,  351,  368,  375,  386,  421,  456,  479,  515 

Mr.  Truax,  C.  H 421,  440,  753 

Mr.  Truax,  C.  S 451,  502,  542 

Mr.  Tucker 476,  537 

Mr.  Turner 502,  508,  560 

Mr.  Van  Denbergh 406 

Mr.  Vedder 421,  433,  491 

Mr.  Veeder 469,  486,  509,  560 

Mr.  Wellington 549 

Mr.  Whitmyer 421 

Mr.  Wiggins 358,  424,  451,  486,  542 

Mr.  Williams 362,  502,  531 

Mr.  Woodward 254,  506 

Acker,  Milo  M.,  delegate,  Twenty-seventh  Senate  district,  Hornellsville, 

Steuben  county 14 

certificate  of   the    State   Board   of    Canvassers  to    election  of,  as 
delegate : 12 


INDEX.  859 

Acker,  Milo  M.— (Continued):  Page. 

chairman  of  Committee  on  State  Finances  and  Taxation 30 

debates,  etc.,  to  send  to  all  libraries  of  the  State,  motion  made  by. 

(See  Debates,  etc.) 
employes,  payment  of,  resolution  offered  by.    (See  Resolutions.) 

member  of  Committee  to  Prepare  an  Address  to  the  People 772 

member  of  Committee  on  Legislative  Organization 29 

member  of  Committee  on  Rules 23,     35 

motion  made  by,  for  adjournment  of  Convention  to  May  22 26 

motion  made  by,  to  allow  Mr.  Griswold  to  draw  a  seat 23 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

point  of  order  raised  by 657 

previous  question  moved  by,  on  his  motion  on  report  of  the  Com- 
mittee of  the  Whole,  relating  to  the  waters  of  the  Niagara  river. .  563 
printing,  relating  to,  motion  to  amend  resolution  of  Mr.  Crosby, 

made  by 215,  216 

resolution  offered  by,  for  the  election  of  John  McElroy  as  assist- 
ant Sergeant-at-Arms 21 

sectarian  appropriations,  against,  petition  presented  by.  (See 
Petitions.) 

sessions  of  the  Convention,  motion  made  by,  relating  to 46 

teller,  appointed  as 656,  835 

Ackerly,  Nathaniel  S.,  delegate,  First  Senate  district,  Northport,  Suf- 
folk county 12 

certificate  of  the  State   Board   of    Canvassers   to    election   of,  as 

delegate 12 

member  of  Committee  on  Industrial  Interests 34 

member  of  the  Committee  on  Military 33 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

report  of  the  Printing  Committee,  previous  question  moved  by,  on,  290 
school  officers,  females  to  vote  for,  relating  to,  presented  by.     (See 
Overtures.) 

Address: 

autheutification  of  the,  by  signatures  of  the  President  and  Secre- 
tary, motion  made  by  Mr.  Cookinham 846 

to  the  people,  for  committee  to  draft  an,  resolution  offered  by 
Mr.  Cookinham.  (See  Resolutions.) 

to  the  people 839 

to  the  people,  to  print  the 846 

Adjournment  sine  die,  resolution  offered    by    Mr.    Cookinham.     (See 
Resolutions.) 

Aged,  State  Insurance  Fund  for,  to  provide,  relating  to,  presented  by 
Mr.  A.  H.  Green.     (See  Overtures.) 

Agricultural  land,  leases  of,  relating  to,  presented  by  Mr.  Lincoln.     (See 
Overtures.) 


860  INDEX. 

Page. 
Allaben,  William  H.,  delegate,  Third  Senate  district,  Brooklyn,  Kings 

county 12 

certificate  of  the  State   Board   of    Canvassers   to    election   of,  as 

delegate 12 

member  of  Committee  on  Salt  Springs 34 

member  of  the  Committee  on  State's  Prisons  and  Penitentiaries 32 

oath  of  office  administered  to,  by  the  Secretary  of  State ....'". 10 

Alvord,  Thomas  G.,  delegate,  Twenty-fourth  Senate  district,  Syracuse, 

Onondaga  county 14 

bills  presented  to  the  Governor,  relating  to,  presented  by.     (See 

Overtures.) 

canals,  relating  to,  presented  by.     (See  Overtures.) 
canals,  to  lay  resolution  offered  by  Mr.  Dean,  relating  to,  on  the 

table 394 

certificate  of  the  State   Board   of    Canvassers   to    election   of,  as 

delegate 12 

chairman  of  Committee  on  Salt  Springs 34 

civil  service,  relating  to,  petition  presented  by.     (See  Petitions.) 

committees,  business  before,  condition  of,  relating  to 438 

compulsory  voting,  petition  relating  to,  presented  by 423 

disorder  of  the  Convention  in  Committee  of  the  Whole,  on,  report 

made  by 386 

dissented    from    report   of    Committee   on    Overture    relating    to 

property  .  .  . 404 

election  of,  as  First  Vice-President 19 

female  suffrage,  overture,  adverse  report  of  committee  relating  to, 

motion  made  by,  on 405 

female  suffrage,  petition  against,  presented  by 55 

in  the  chair 260,  262,  453,  486,  488,  489 

judiciary  article,  relating  to,  motion  made  by 478 

member  of  Committee  on  Preamble 29 

member  of  Committee  on  Suffrage 30 

member  of  Committee  to  Attend  the  Funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

nomination  of,  as  First  Vice-President 19 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

oath  of  office,  as  First  Vice-President,  administered,  to 20 

president  of  France,  assassination  of,  relating  to  resolution  regard- 
ing, motion  made  by  379 

previous  question,  for  the,  motion  made  by.     (See  Vote) 490 

previous  question  moved  by,  on  motion  of  Mr.  Marks,  regarding 

overture  relating  to  taking  private  property  for  public  use 353 

previous  question,  on  motion  of  Mr.  Moore,  in  relation  to  sessions 

of  the  Convention 304 

previous  question,  on  resolution  relating  to  adjournment  to  Sara- 
toga.   (See  Vote.) 

previous  question,  on  resolution  relating  to  evidence  in  Putnam  and 
Sullivan  contested  seat  cases,  moved  by 245 


INDEX.  861 

Alvord,  Thomas  G.—  (Continued) :  Page. 

Printing,  on  report  of  Committee  on,  motion  made  by 215,  252,  255 

relating  to  Messrs.  Riggs,  Mullen,  Curran,  Roderick  and  Fitzgerald, 

resolution  offered  by  414 

religious  institutions,  for  inspection  of,  petition  presented  by.    (See 

Petitions.) 

rules,  to  amend,  motion  made  by , 102,  103,  104,  127 

salt  springs,  to  amend  section  7  of  article  7,  relating  to,  presented 

by.    (See  Overtures.) 

taxation,  petition  relating  to,  presented  by 423 

to  lay  motion  of  Mr.  Gibney  in  relation  to  overture  relating  to  com- 
pensation of  county  and  town  officers,  on  the  table 415 

to  lay  resolution  of  Mr.  J.  I.  Green,  relating  to  delegates  desiring 

leave  of  absence,  on  the  table,  motion  made  by 351 

to  print  reply  of  the  Secretary  of  State  in  response  to  a  resolution 

relating  to  salt  lands,  motion  made  by 370 

vote  of  thanks  to,  resolution  offered  by  Mr.  Durnin 850 

voters,  educational  qualification  for,  relating  to,  presented  by.    (See 

Overtures.) 

Amended  Constitution,  is  to  go  into  effect,  relating  to  time  when  the, 
presented  by  Mr.  C.  H.  Truax.     (See  Overtures.) 

Amendments,  future,  relating  to,  presented  by  Committee  on  Future 
Amendments.     (See  Overtures.) 

Anarchy,  relating  to,  resolution  offered  by  Mr.  Dean.    (See  Resolutions.) 

Appeals   to   the   Court  of   Appeals,  relating   to,  by    Mr.    Deyo.     (See 
Overtures.) 

Apportionment,     Committee    on,     to     report,     resolution     offered     by 

Mr.  Forbes.     (See  Resolutions.) 

non-partisan,  relating  to,  presented  by  Mr.  Dean.     (See  Overtures.) 
relating  to,  presented  by  Mr.  Lauterbach.    (See  Overtures.) 
relating  to,  petition  presented  by  Mr.  President.     (See  Petitions.) 
relating  to,  presented  by  Mr.  Vedder.     (See  Overtures.) 

Arbitration,  boards  of,  providing  for,  relating  to,  presented  by  Mr.  Gil- 
bert.    (See  Overtures.) 
court  of  compulsory,  creating,  relating  to,  presented  by  Mr.  Church. 

(See  Overtures.) 
court  of,  petition  favoring  a,  presented  by  Mr.  Smith 327 

Arnold,  Charles  W.  H.,  delegate,  Sixteenth  Senate  district,  Staatsburgh, 

Dutchess  county 13 

certificate  of  State  Board  of  Canvassers  to  election  of,  as  delegate,  12 
civil  service,  relating  to,  petition  presented  by.     (See  Petitions.) 
local  and  private  laws,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  Charities 33 

member  of  Committee  on  County,  Town  and  Village  Government . .  32 

member  of  Committee  on  Land  Titles .  192 


862  INDEX. 

Arnold,  Charles  W. —  (Continued) :  Page. 

oath  of  office  administered  to,  by  the  'Secretary  of  State 10 

pardons,  board    of,    to    create,    relating    to,    presented    by.    (See 

Overtures.) 

previous  question,  moved  by,  on  report  of  Judiciary  Committee  on 
Overtures  relating  to  trials  by  jury < 339 

Assessment  and  taxation,  relating  to,  presented  by  Mr.  I.  S.  Johnson. 
(See  Overtures.) 

Assessments  for  improvements,  relating  to,  presented  by  Mr.  Hotten- 
roth.    (See  Overtures.) 

B. 

Baker,  William  H.,    delegate,    Twenty-second    Senate    district,    Con- 

stantia,  Oswego  county 13 

canal  debt,  overture  relating  to,  to  amend,  motion  made  by 727 

certificate  of  State  Board  of  Canvassers  to  election  of,  as  delegate,  12 
female  suffrage,  favoring,  petition  presented  by.    (See  Petitions.) 

member  of  Committee  on  Canals 31 

member  of  Committee  on  Railroads,  etc 31 

nomination  of  William  H.  Steele  as  Second  Vice-President,  made  by,  19 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Ballot,  relating  to  the,  presented  by  Mr.  Foote.    (See  Overtures.) 

Banking    and    trust    companies,    relating    to,    by    Mr.    Riggs.     (See 
Overtures.) 

Banking  corporations,  liability  of  stockholders  of,  to  amend  article  8, 
relating  to,  presented  by  Mr.  Marshall.    (See  Overtures.) 

Banking,  Superintendent  of,  abolishing  office  of,  relating  to,  presented 
by  Mr.  Bigelow.     (See  Overtures.) 

Banks,  A.    Bleecker,    delegate,    Nineteenth    Senate    district,    Albany, 

Albany  county 13 

Certificate  of  the  State  Board   of    Canvassers   to   election   of,    as 

delegate 12 

cities,  classification  of,  to  amend  overture  relating  to,  motion  made 

by 704,  733 

debt  limitation  of,  relating  to,  presented  by.     (See  Overtures.) 
franchises,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  Cities 31 

member  of  Committee  on  Corporations 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures,  printing  of,  resolution    relating    to,  offered  by.       (See 

Resolutions.) 
State  contracts,  relating  to,  presented  by.     (See  Overtures.) 

Banks,  relating  to,  presented  by  Mr.  Hawley.    (See  Overtures.) 
Barager,  S.  F.,  appointed  page  


INDEX.  863 

Page. 
Barhite,  John  A.,  delegate,  Twenty-eighth  .Senate  district,  Rochester, 

Monroe  county 14 

Capitol  employes,  thanks  to,  resolution  offered  by 838 

Certificate  of  the  State  Board   of    Canvassers    to   election   of,    as 

delegate 32 

death  of  Mrs.  M.  E.  Lrewis,  resolution  relating  to,  offered  by 201 

evidence,  obtaining,  relating  to,  presented  by.     (See  Overtures.) 
express  rates,  discrimination  in,  petition  relating  to,  presented  by. .  432 

female  suffrage,  petition  favoring,  presented  by 55,  108 

intoxicating  liquors,  restricting  traffic  in,  petition  presented  by. 

(See  Petitions.) 

member  of  Committee  on  Industrial  Interests 33 

member  of  Committee  on  Legislative  Powers 29 

member  of  Committee  on  State's  Prisons  and  Penitentiaries 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures  relating  to  number  of  jurors  for  verdict  in  a  civil  action, 

Judiciary  Committee  to  report  on  separately,  motion  made  by. . .  350 
property  taxable,  held  by  women,  petition  relating  to,  presented  by,  399 
religious  institutions,  inspection  of,  petition  for,  presented  by.  (See 

Petitions.) 

resolution  offered  by,  for  election  of  Charles  E.  Fitch,  as  Secretary,    20 
Rules,  Committee  on,  to  report  a  rule  for  printing  amendments  pro- 
posed in  Committee  of   the  Whole,  resolution   offered    by.     (See 

Resolutions.) 

rules,  to  amend,  motion  made  by 127 

relating  to,  motion  made  by 102 

rule  24,  to  amend,  resolution  offered  by.    (See  Resolutions.) 
sectarian   appropriations,     against,    petition   presented     by.    (See 

Petitions.)     • 
State  and  city  employes,  relating  to,  petition  presented  by.     (See 

Petitions.) 
voters,  educational  qualification  for,  relating  to,  presented  by.     (Seo 

Overtures.) 
women,  property  held  by,  statistics  relating  to,  presented  by 187 

Barnum,   James  W.,   delegate,   Twenty-third  Senate   district,    Cherry 

Valley,   Otsego  county  13 

Certificate  of  the  State  Board   of    Canvassers   to   election   of,   as 

delegate 12 

female  suffrage,  petition  against,  presented  by.     (See  Petitions.) 
female  suffrage,  petition  favoring,  presented  by.     (See  Petitions.) 

member  of  (Committee  on  Banking  and  Insurance 33 

Member  of  Committee  on  County,  Town  and  Village  Officers 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Barrow,  George,  delegate,  Twenty-Fourth  Senate  district,  Skaneateles, 

Onondaga  county 14 

appeal  from  tlie  decision  of  the  chair 514 


864  INDEX. 

Barrow,  George  —  (Continued):  Page, 

business    corporations,    resolution    relating    to,    offered    by.     (See 

Resolutions.) 
canals,  sale  or   lease  of,    to  amend    article  7,    relating    to.     (See 

Overtures.) 
Certificate  of  the  State  Board   of    Canvassers   to   election   of,    as 

delegate  12 

member  of  Committee  on  Corporations ." 32 

member  of  Committee  on  Legislative  Organization  and  Apportion- 
ment    240 

oath  of  office  administered  to,  by  the  'Secretary  of  State 10 

revised  Constitution,  to  submit  to  the  people  a,  resolution  relating 
to,  offered  by.     (See  Resolutions.) 

suffrage,  to  amend  Overture  relating  to,  motion  made  by 622 

teller,  appointed  as 672 

two-thirds  bills,  adverse  report  of  Committee  on  Overture  relating 

to,  motion  made  by.     (See  Motions.) 
to  amend  article  3,  relating  to.     (See  Overtures.) 

Bassett,  J.  H.,  appointed  clerk 28,  160 

Baxter,  Hon.  A.  E.,  privileges  of  the  floor  extended  to 518 

Becker,  Tracy  C.,  delegate,  Thirty-first  Senate  district,  Buffalo,  Erie 

county i 14 

apportionment,  on  overture  relating  to,  motion  made  by 505,  672 

certificate    of  the    State   Board  of    Canvassers  to    election  of,  as 

delegate  12 

chairman  Committee  on  Legislative  Organization 240 

civil  service,  petition  favoring,  presented  by.     (See  Petitions.) 
commissioners  of  jurors,  to  amend  article  3,  relating,  presented  by. 
(See  Overtures.) 

contested  Seat  cases,  relating  to,  motion  made  by 255 

Convention,  publication  of  the  results  of  the  work  of  the,  resolu- 
tion relating  to,  offered  by.    (See  Resolutions.) 
coroner,  abolishing  office  of,  resolution  relating  to  overture,  offered 
by.     (See  Resolutions.) 

coroner,  abolition  of  office  of,  petition  favoring,  presented  by 108 

daily  report  of  proceedings,  publication  of,  in  daily  newspapers, 

resolution  offered  by,  relating  to.     (See  Resolutions.) 
elections,  city  from  State,  to  separate,  resolution  to  print  the  over 

ture  relating  to,  offered  by.     (See  Resolutions.) 
female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 
land   under   water,    grants    of,    relating   to,    presented    by.     (See 

Overtures.) 

map  of  Senate  and  Assembly  districts,  State  Engineer  to  furnish, 
resolution  offered  by.     (See  Resolutions.) 

member  of  'Committee  on  Cities 31 

member  of  Committee  on  Suffrage 30 

Niagara  river,  diversion  of  the  waters  of,  relating  to 567 


INDEX.  865 

Becker,  Tracy  C. —  (Continued):  Page. 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Printing,  report  of  Committee  on,  motion  relating  to,  made  by. . . .  212 
Printing,  report  of  Committee  on,  motion  relating  to,  made  by.  (See 

Resolutions.) 
proceedings  of  the  Convention,  to  send  to  certain  papers,  resolution 

offered  by.     (See  Resolutions.) 
public    officers,     removal    of,    relating    to,    presented    by.    (See 

Overtures.) 
Putnam,  Harvey  W.,  petition  of,  contesting  the  seat  of  Herman 

F.  Trapper,  presented  by.     (See  Seats  Contested) 21 

report  of  Printing  Committee,  to  amend,  motion  made  by 292 

request  to  be  excused  from  voting 525 

revised  Constitution,  publication  of,  resolution  relating  to,  offered 

by 838 

Rules,   Committee  on,  to  report  rules  fining  members  for  non- 
attendance.    (See  Resolutions.) 

rules,  to  amend,  motion  made  by 114,  130 

seats,  drawing  of,  motion  made  by,  to  amend  resolution  offered  by 

Mr.  Davenport,  relating  to 23 

Senate  and  Assembly  districts,  State  Engineer  to  furnish  maps  of, 

resolution  offered  by  513 

to  print  extra  copies  of  report   of    Committee    on,    resolution 

offered  by 513 

Sullivan,  Thomas  A.,  petition  of,  contesting  the  seat  of  Charles 

Beckwith,  presented  by.    (See  Seats  Contested.) 21 

Beckwith,  Charles,  delegate,  Thirtieth  Senate  district,  Buffalo,  Erie 
county.  Did  not  take  his  seat  in  the  Convention,  nor  the  oath  of 
office.  His  seat  was  contested  after  the  Convention  assembled, 

and  was  awarded  to  Thomas  A.  Sullivan  June  28th 14 

member  of  Committee  on  Printing 34 

seat  of,  contested  by  Thomas  A.  Sullivan.     (See  Seats  Contested) . .     21 
unseated  as  a  member  of  the  Convention '. 285 

Benjamin,  Hon.  J.,  privileges  of  the  floor  extended  to 521 

Bennett,  William  W.,  elected  as  Sergeant-at-Arms 20 

oath  of  office  administered  to 21 

Bequests,  limiting,  petition  presented  by  Mr.  President 400 

Bigelow,  John,  delegate,  Eighth  Senate  district,  New  York  city 12 

Banking,    Superintendent    of,    relating    to,    presented    by.    (See 

Overtures.) 
bills,  local  and  private,    introduction    and   passage  of,  to    amend 

article  3,  relating  to,  presented  by.    (See  Overtures.) 
certificate    of  the    State   Board  of    Canvassers  to    election  of,  as 

delegate 12 

civil  service,  relating  to,  petition  presented  by.     (See  Petitions.) 


866  INDEX. 

Bigelow,  John  —  (Continued) :  Page. 

Constitution,  future  revisions  of  the,  relating  to,  presented  by.  (See 

Overtures.) 
Convention,  deliberations  of,  judiciary  to  make  report  as  to  length 

of,  resolution  offered  by.     (See  Resolutions.) 
female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 

relating  to,  presented  by.    (See  Overtures.) 
Insurance,    Superintendent    of,    relating    to,    presented    by.     (See 

Overtures.) 
Judiciary  Committee,  on  report  of,  on  overture  relating  to  taking 

private  property  for  public  use,  motion  made  by 340 

Jurors,  for  reform  in  manner  of  selecting,  petition  presented  by. ...  352 

member  of  Committee  on  Civil  Service 205 

member  of  Committee  on  Preamble 29 

member  of  Committee  on  Suffrage 30 

member  of  Committee  to  Attend  the  Funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

member  of  Committee  to  Prepare  an  Address  to  the  People 772 

nominated  as  First  Vice-President 19 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

passes,  to  amend  overture  relating  to,  motion  made  by 615 

President  of  France  (Carnot),  assassination  of,  resolution  relating 

to,  offered  by.    (See  Resolutions.) 
privileges  of  the  floor,  to  extend  to  Hon.  L.  Brown,  motion  made 

by 771 

proportional     representation,     relating     to,     presented     by.     (See 

Overtures.) 

Proportional  Representation  Society,  address  of,  presented  by 241 

State  Engineer  and    Surveyor,    relating  to,    presented    by.     (See 

Overtures.) 

vote  received  by,  as  Second  Vice-President 20 

voters,  registration  of,  relating  to,  presented  by.     (See  Overtures.) 
votes  received  by,  for  President  of  the  Convention 15 

Bills,  houses  in  which  they  may  originate,  relating  to,  presented  by 
Mr.  Hawley.  (See  Overtures.) 

introduction  and  passage  of,  to  amend  article  3,  relating  to,  pre- 
sented by  Mr.  Bigelow.  (See  Overtures.) 

local  or  private,  advertising  of,  relating  to,  presented  by  Mr.  Haw- 
ley.  (See  Overtures.) 

passage  of,  relating  to,  presented  by  Mr.  Kellogg.     (See  Overtures.) 

passage  of,  to  amend  article  3,  relating  to,  presented  by  Mr.  Vedder. 
(See  Overtures.) 

presentation  of,  to  the  Governor,  relating  to,  presented  by 
Mr.  Abbott.  (See  Overtures.) 

presented  to  the  Governor,  relating  to,  presented  by  Mr.  Alvord. 
(See  Overtures.) 

private  and  local,  relating  to,  presented  by  Mr.  C.  A.  Fuller.  (See 
Overtures.) 


INDEX.  867 

Bills  —  (Continued) :  Page, 

private  and  local,  relating  to,  presented  by  Mr.  J.  Johnson.     (See 

Overtures.) 
private  and  local,  relating  to,  presented  by  Mr.  W.  H.  Steele.     (See 

Overtures.) 
private  or  local,  passage  of,  relating  to,  presented  by  Mr.  Root. 

(See  Overtures.) 

Elaine,  James  G.,  privileges  of   the   floor   extended  to,  on   motion   of 

Mr.  Jenks.  .  .  .' 636 

Blake,  Stephen  S.,   delegate,   Fourteenth   Senate   district,   New  York 

city  13 

certificate    of  the    State   Board  of    Canvassers  to    election  of,  as 

delegate 12 

death  penalty,  relating  to,  presented  by.    (See  Overtures.) 
division  of  the  question  on  the  report  of  the  Committee  on  Privi- 
leges and  Elections,  on  seat  contested  cases  of  Trapper  and  Beck- 

with,  called  for  by 285 

divorce,  relating  to,  presented  by.     (See  Overtures.) 

excused  from  voting  on  report  of  the  Committee  on  Overture  to 

abolish  capital  punishment 381 

member  of  Committee  on  Canals 31 

member  of  Committee  on  State  Finances  and  Taxation 31 

murder,  indictments  for,  resolution  relating  to,  offered  by.     (See 
Resolutions.) 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

pardoning  power,  relating  to,  presented  by.     (See  Overtures.) 
Record  of  the  Convention,  relating  to  delay  in  printing,  resolution 

offered  by.     (See  Resolutions.) 
reports  of  committees,  relating    to,  resolution    offered    by.     (See 

Resolutions.) 
rules,  to  amend,  motion  made  by 129 

Bowers,  John  M.,  delegate,  Seventh  Senate  district,  New  York  city 12 

adjournment    to    July    9th,    relating    to,    motion   made    by.     (See 
Resolutions.) 

certificate    of  the    State   Board  of    Canvassers  to    election  of,  as 

delegate 12 

clerks  of  committees,  to  dispense  with  services  of 689 

death  of  son  of  Mr.  McClure,  resolution  relating  to,  offered  by 531 

excused  from  voting  on  motion  made  by  Mr.  Mereness,  relating  to 

overture  to  suppress  gambling 514 

home  rule  for  cities,  motion  made  by,  on  overture  relating  to 625 

home  rule  for  cities,  to  print  minority  report,  on  overtures  relating 

to,  motion  made  by 383 

Judiciary  Committee,  on  report  of,  on  overture  relating  to  capital 

punishment,  motion  made  by  340 

member  of  Committee  on  Judiciary 30 

member  of  Committee  on  Revision  and  Engrossment 438 


868  INDEX. 

Bowers,  John  M.—  (Continued) :  Page. 

member  of  Committee  on  Rules 23,     35 

member  of  Select  Committee  Relating  to  Introduction  of   Over- 
tures.   (See  Rules.) 

naturalization,  to  amend  overture  relating  to,  motion  made  by. ...  611 
Niagara  river,  diversion  of  waters  of,  relating  to . .  566,  568,  569,  572,  657 
nomination  of  John  Bigelow,  as  First  Vice-President,  made  by ...  19 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

point  of  order  raised  by 555,  583 

point  of  order  on  reading  an  amendment,  raised  by 50§ 

previous  question,  etc.,    relating    to,  resolution    offered   by.     (See 

Resolutions.) 

previous  question  moved  by,  relating  to  contested  seat  cases  (Sixth 
district).     (See  Seats  Contested.) 

Printing,  report  of  Committee,  relating  to,  motion  made  by 212 

private  property  for  public  use,  motion  made  by,  to  reconsider  the 
vote  on  agreeing  to  the  adverse    report  of   the    Committee   on 

Overture  relating  to  taking 366 

rules,  to  amend,  motion  made  by llfl 

seats  contested  (Putnam  and  Sullivan),  relating  to,  report  of  Com- 
mittee on  Privileges  and  Elections,  motion  made  by 231,  232 

Sixth  Senatorial  district  seat  contested  cases,  relating  to.     (See 
Seats  Contested.) 

Boyden,  C.  E.,  appointed  messenger 28,    47 

Brennan,  J.  P.,  appointed  Clerk 28 

Bribery  and  corruption,  relating  to,  presented  by  Mr.  I.  S.  Johnson. 
(See  Overtures.) 

Bribery  at  elections,  etc.,  relating  to,  presented  by  Mr.  I.  S.  Johnson. 
(See  Overtures.) 

Briggs,  Herbert  A.,  elected  as  stenographer 20 

oath  of  office  administered  to 21 

Brown,  Edward  A.,  delegate,  Twentieth  Senate  district,   Dolgeville, 

Herkimer  county » 13 

certificate    of  the    State   Board  of    Canvassers  to    election  of,  as 

delegate 12 

debates,  etc.,  to  send  to  the  Dolgeville  Library,  motion  made  by. 

(See  Debates,  etc.) 
decorations  in  rear  of  the  President's  chair,  resolution  relating  to, 

offered  by.    (See  Resolutions.) 
dissented  from  report  on  contested  seat  expenses  of  Putnam  and 

Sullivan 637 

excused  from  voting,  relating  to  resolution  for  adjournment  to 

Saratoga 277 

female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 

member  of  Committee  on  Contingent  Expenses 35 

member  of  Committee  on  Legislative  Powers 29 


INDEX.  869 

Brown,  Edward  A. —  (Contiimed):  Page. 

member  of  Committee  to  Attend  the  Funeral  of  Hon.  W.  L.  Van 
Denbergh 423 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Parkhill,  E.  W.,  to  increase  the  compensation  of,  motion  made  by. .  850 
printing    contract,     relating    to,      resolution     offered      by.    (See 

Resolutions.) 
sectarian    appropriations,    against,    petition    presented    by.    (See 

Petitions.) 
trial  by  jury,  relating  to,  presented  by.     (See  Overtures.) 

Brown,  Elou  R.,  delegate,  Twenty-second  Senate  district,  Watertown, 

Jefferson  county  13 

certificate    of  the    State   Board  of    Canvassers  to    election  of,  as 

delegate 13 

congressional  apportionment,   resolution   relating  to,    offered   by. 

(See  Resolutions.) 
Convention,  sessions  of  the,  resolution  relating  to,  offered  by.     (See 

Resolutions.) 
debate,  Committee  on  Rules  to  report  a  rule  cutting  off,  resolution 

offered  by.     (See  Resolutions.) 

drains  and  ditches,  to  amend  overture  relating  to,  motion  made  by,  745 
exempt  property,  motion  made  by,  to  refer  resolution  of  Mr.  Kel- 
logg, relating  to   61,    62 

Fayel,  Joseph,  to  grant  extra  pay  to,  resolution  offered  by.     (See 

Resolutions.) 
female  suffrage,  petition  favoring,  presented  by.    (See  Petitions.) 

judiciary,  overture  relating  to,  to  amend 645 

lands,  non-agricultural,  relating  to,  presented  by.     (See  Overtures.) 
low  lands,  drainage  of,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee,  Address  to  the  People,  to  Prepare  an 771 

member  of  Committee  on  Education 33 

member  of  Committee  on  Legislative  Organization 29 

member  of  Select  Committee  Relating  to  Introduction  of  Over- 
tures.    (See  Rules.) 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

passes,  overture  relating  to,  to  amend,  motion  made  by 615 

passes,  to  prohibit  public  officers  from  riding  on,  relating  to,  pre- 
sented by.     (See  Overtures.) 

previous  question  moved  by 709,  836 

rail  in  rear  of  chamber,  to  restore,  resolution  offered  by.     (See 

Resolutions.) 

Rules,  Committee  on,  to  report  relating  to  consideration  of  certain 
overtures,  resolution  offered  by.    (See  Rules.) 

rules,  to  amend,  motion  made  by 126 

speech,  freedom  of,  and  of  the  press,  relating  to,  presented  by.  (See 

Overtures.) 

Supreme  Court,  justices  to  fill  vacancies,  appointment  of,  relating 
to,  presented  by.     (See  Overtures.) 


870  INDEX.  * 

Page. 
Brown,  Henry  J.,  petition  of,  contesting  the  seat  held  by  Mr.  William 

H.   Cochran.     (See   Seats   Contested.) 21 

Brown,  John  J.,  appointed  Clerk  in  place  of  G.  H.  Bassett,  resigned 160 

Brown,  Thomas,  appointed  assistant  janitor 28 

Burr,  William  P.,  delegate,  Eleventh  Senate  district,  New  York  city ...  13 
business  before  the  committees,  resolution  relating  to,  offered  by . .  438 
certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate 12 

corporations,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  County,  Town  and  Village  Government,     32 

member  of  Committee  on  State  Finances  and  Taxation 30 

monopolies  and  trusts,  prohibiting,  presented  by.     (See  Overtures.) 

oath  or  office  administered  to,  by  the  Secretary  of  State 10 

overtures,     relating    to    several,      resolution      offered     by.     (See 
Resolutions.) 

teller,  appointed  as 835 

to  amend  motion  made  by  Mr.  C.  B.  McLaughlin  relating  to  the 
consideration  of  the  overtures,  motion  made  by 754 

Bush,  George  H.,    delegate,    Seventeenth    Senate    district,  Ellenville, 

Ulster  county 13 

dissented  from  report  of  committee-  relating  to  apportionment  of 

Senate  and  Assembly  districts 504 

certificate    of  the    State   Board  of    Canvassers  to    election  of,  as 

delegate 12 

female  suffrage,  against,  petition  presented  by 246 

female  suffrage,  favoring,  petition  presented  by 59 

member  of  Committee  on  Judiciary 30 

member  of  Committee  on  Legislative  Organization 29 

member  of  Committee  to  Assign  Committee  Rooms. 35 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

point  of  order  raised  by 580 

rule  56,  to  amend,  resolution  offered  by.     (See  Resolutions.) 

rules,  to  amend,  motion  made  by 129 

to  replace  name  of  Mr.  Koch  upon  the  roll,  resolution  offered  by ...  578 

Bush,  Hon.  R.  P.,  privileges  of  the  floor  extended  to 518 

Business  corporations,  resolution  relating  to,  offered  by  Mr.  Barrow. 
(See  Resolutions.) 


C. 

Cady,  J.  Rider,  delegate-at-large,  Hudson,  Columbia  county 11 

canal  debt,  overture  relating  to,  to  amend,  motion  made  by. .  726,  727 
canals,     overtures     relating     to,     resolution     offered     by.      (See 
Resolutions.) 

to  amend  article  7,  relating  to,  presented  by.    (See  Overtures.) 
to  amend  article  7,  relating  to,  presented  by.    (See  Overtures.) 


INDEX.  871 

Cady,  J.  Rider  —  (Continued):  Page, 

certificate  of  the  State  Board  of  Canvassers  to   election  of,   as 

delegate-at-large 11 

chairman  of  Committee  on  Canals 31 

cities,  organization  of,  relating  to,  presented  by.    (See  Overtures.) 
elections,  municipal,  Mayors  of  cities  to  report,  resolution  relating 

to,  offered  by.    (See  Resolutions.) 

member  of  Committee  on  Judiciary 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

report  of  Comptroller,  relating  to  salaries,  etc.,  to  print,  motion 

made  by.     (See  Resolutions.) 
report  of  Secretary  of  State,  relating  to  business  corporations,  to 

print,  motion  made  by.    (See  Resolutions.) 
sectarian    appropriations,    petition   against,    presented   by.    (See 

Petitions.) 

Call  of  the  House: 

notice  of,  given  by  Mr.  McDonough 254 

moved  by  Mr.  Tekulsky 595 

Campbell,  James  P.,  delegate,  Thirteenth  Senate  district,  New  York 

city 13 

certificate  of  the  State   Board  of   Canvassers  to  election  of,  as 

delegate 12 

female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 

member  of  Committee  on  Governor  and  State  Officers 31 

member  of  Committee  on  State's  Prisons  and  Penitentiaries 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Canal  debt,  relating  to,  presented  by  Mr.  Cassidy.    (See  Overtures.) 

Canal,  Erie,  enlargement  or  sale  of,  petition  relating  to,  presented  by 
Mr.  McKinstry.  (See  Petitions.) 

Canals,  improvement  of,  relating  to,  State  Engineer  and  Superin- 
tendent of  Public  Works  to  report  cost  of,  resolution  presented 
by  Mr.  Hottenroth.  (See  Resolutions.) 

Canals,  relating  to,  presented  by  Mr.  Alvord.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Cady.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Cady.    (See  Overtures.) 
relating  to,  presented  by  the  Committee  on  Canals.     (See  Over- 
tures.) 

relating  to,  presented  by  Mr.  Doty.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Forbes.    (See  Overtures.) 
resolution  relating  to  the,  offered  by  Mr.  Dean.    (See  Resolutions.)  - 
sale  or  lease  of,  to  amend  article  7,   relating  to,  presented  by 

Mr.  Barrow.     (See  Overtures.) 
to  amend  section  6  of  article  7,   relating  to,   presented   by  Mr. 

McMillan.    (See  Overtures.) 

transfer  of,  to  the  United  States,  to  amend  article  7,  relating  to, 
presented  by  Mr.  McDonough.    (See  Overtures.) 

56 


872  INDEX. 

Page. 

Canvassers,  State  Board  of,  certificate  of,  relating  to  election  of  dele- 
gates.   (See  Convention.) 

Capital  punishment,  abolition  of,  to  amend  article  1,  relating  to,  pre- 
sented by  Mr.  J.  I.  Green.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Tucker.    (See  Overtures.) 
Capitol  employes,  thanks  to,  resolution  offered  by  Mr.  Barhite 838 

Carter,    Jonathan    W.,    delegate,    Thirty-first   Senate   district,   Eden 

Centre,  Erie  county 14 

certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 
delegate 12 

female  suffrage,  favoring,  petition  relating  to,  presented  by.    (See 

Petitions.) 

Justices  of  the  Peace,  relating  to,  presented  by.    (See  Overtures.) 
member  of  Committee  on  County,  Town  and  Village  Government.     32 

member  of  Committee  on  Industrial  Interests 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

religious   institutions,   inspection   of,   petition   for,   presented   by. 

(See  Petitions.) 

Cass,  Marcus  M.,  Jr.,  appointed  Assistant  Secretary 29 

oath  of  office  administered  to. 47 

Cassidy,    Owen,,  delegate,    Twenty-seventh    Senate   district,    Havana 

Schuyler  county 14 

canal  debt,  relating  to,  presented  by.     (See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate 12 

evening  sessions,  relating  to,  motion  made  by 390 

female  suffrage,  petition  favoring,  presented  by 83,  119 

free  common  schools,  to  amend  overture  relating  to,  motion  made 

by 713 

member  of  Committee  on  Charities 33 

member  of  Committee  on  State  Finances  and  Taxation 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

passes,  to  amend  overture  relating  to,  motion  made  by 615 

stenographer  to  furnish  copy  to  the  printer,  resolution  relating  to, 

motion  on,  made  by.    (See  Resolutions.) 

Caucuses,  petition  relating  to,  presented  by  Mr.  Francis 442 

Cemetery  purposes,  lands  for,  relating  to,  presented  by  Mr.  Manley. 
(See  Overtures.) 

Charitable  institutions,  resolution  offered  by  Mr.  Kellog  relating  to. 
(See  Resolutions.) 

Charitable  institutions,  sailors  in,  for  right  to  vote,  petition  presented 

by  Mr.  Goodelle 298 

Charities  and  correction,  relating  to,  presented  by  Mr.  Forbes.     (See 
Overtures.) 


INDEX.  873 

Page. 

Charities,  State  Board  of,  relating-  to,  presented  by  the  Committee  on 

Charities.    (See  Overtures.) 

to    create,     relating    to,    presented    by    Mr.    Lauterbach.     (See 
Overtures.) 

Cheney,  Thomas  G.  A.,  appointed  Messenger 28 

Children,  education  of,  relating  to,  presented  by  Mr.  Tucker.     (See 
Overtures.) 

Children,  non-sectarian  education  of,  petition  relating  to,  presented 
by  Mr.  Tucker.    (See  Petitions.) 

Chlpp,  Howard,  Jr.,  delegate,  Seventeenth  Senate  district,  Kingston, 

Ulster  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

election  by  ballot,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  Privileges  and  Elections 26,    34 

member  of  Committee  on  Railroads,  etc 31 

oath  of  onice  administered  to,  by  the  Secretary  of  State 10 

Choate,  Joseph  H.,  delegate-at-large,  New  York  city  (President) 11 

apportionment,  relating  to,  petition  presented  by.    (See  Petitions.) 

bequests,  limiting,  petition  presented  by 400 

canal  debt,  overture  relating  to,  to  amend,  motion  made  by 727 

certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate-at-large H 

chairman  Committee  on  Rules 35 

children's  homes,  petition  relating  to,  presented  by.     (See  Peti- 
tions.) 

civil  service  reform,  petition  favoring,  presented  by.   (See  Peti- 
tions.) 

convict  labor,  against  employment  of.    (See  Petitions.) 
corporations,  limiting  the  capitalization  of,  petition  relating  to, 

presented  by.    (See  Petitions.) 
criminal  cases,  new  trials  in  petition  relating  to,  presented  by. 

(See  Petitions.) 
death    penalty,    petition    for    abolition    of,    presented    by.     (See 

Petitions.) 159 

decision  of,  on  motion  of  Mr.  Barrow,  appealed  from 514 

decision  of,  on  point  of  order  raised  by  Mr.  Acker 657 

decision  of,  on  point  of  order  raised  by  Mr.  Bowers,  appealed  from 

by  Mr.  Holcomb  505 

decision  of,  on  point  of  order  raised  by  Mr.  Bowers 555 

decision  of,  on  point  of  order  raised  by  Mr.  Bowers 582 

decision  of,  on  point  of  order  raised  by  Mr.  Bush 580 

decision  of,  on  point  of  order  raised*  by  Mr.  Cochran 556 

decision  of,  on  point  of  order  raised  by  Mr.  Mulqueen 555 

decision  of,  on  point  of  order  raised  by  Mr.  Peck 581 

decision  of,  on  point  of  order  raised  by  Mr.  Veeder 580,  581 


874  INDEX. 

Choate,  Joseph  H. —  (Continued):  Page. 

elections,   municipalities   and   taxation,    petition    relating  to,  pre- 
sented by.    (See  Petitions.) 
female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 

free  passes,  communcation  relating  to,  presented  by 369 

gambling,  to  amend  overture  relating  to,  motion  made  by 762 

Indians,  petition  of  Helen  S.   Smith,  asking  for  State  money  to 

educate  the,  presented  by.    (See  Petitions.) 
life,  liberty  and  happiness,  petition  relating  to,  presented  by.     (See 

Petitions.) 414 

liquor  traffic,  for  taxation  of,  petition  presented  by.     (See  Petitions.) 
liquor    traffic,    petition    for    abolition    of,    presented    by.     (See 

Petitions.) 

Manhattan  Single  Tax  Club,  memorial  from,  presented  by 344 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

officers,  election  of,  by  direct  vote  of  the  people,  petition  presented 

by.     (See  Petitions.)   400 

official  ballots,  printing  of,  petition  relating  to,  presented  by.     (See 

Petitions.) 434 

passes,  to  amend  overture  relating  to,  motion  made  by 615 

political  caucuses,  petition  relating  to,  presented  by.     (See  Peti- 
tions)   392 

•  poor,  to  improve  the  condition  of  the,  petition  relating  to,  presented 

by.    (See  Petitions.) 

President  of  the  Convention,  nominated  by  Mr.  Root,  for 15 

elected  as 16 

opening  address  as 16,  17,  18,     19 

closing  address  of 851 

privileges  of  the  floor  extended  to  Rev.  Dr.  H.  M.  Field  by 543 

privileges  of  the  floor  granted  to  Rev.  Wolsey  Stryker  by 825 

referees,  official  oath  required  to  be  taken  by,  petition  relating  to, 

presented  by.     (See  Petitions) 369 

religious  institutions,  for  inspection  of,  petition  presented  by.     (See 

Petitions.) 

rule  36,  to  amend,  motion  made  by  757 

ruling  of,  on  resolution  of  Mr.  J.  Johnson 588 

sectarian  appropriations,    petition   of   Presbytery    of    New    York, 

against,  presented  by.     (See  Petitions) 47 

speech,  freedom  of,  and  of  the  press,  petition  relating  to,  presented 

by.     (See  Petitions) 369 

State  and  city  officers,  relating  to,  petition  presented  by.    (See 

Petitions) 168 

State  officers,  who  are  honorably  discharged  soldiers  or  sailors, 

rights  of,  petition  relating  to,  presented  by 233,  258 

State's  prisons,  petition  relating  to  employment    of    inmates    of, 

presented  by.     (See  Petitions) 241 

Trapper,   Herman  F.,  petition  against  unseating,   presented   by. 

(See  Seats  Contested) 233 

unclaimed  deposits,  communication  relating  to,  presented  by 343 


INDEX.  875 

Choate,  Joseph  H.— (Continued):                                                                Page, 
vice,  State  regulation  of,  petition  for,  presented  by.  (See  Petitions.) 
vote  of  thanks  to,  resolution  offered  by  Mr.  Nicoll. . 850 

Christian  government,  recognizing    this    as  a,  petition    presented    by 

Mr.  Dean 247 

Church,  Frank  B.,  delegate,  Thirty-second  Senate  district,  Wellsville, 

Allegany  county 14 

certificate  of  the  Board  of  State  Canvassers  to  election  of,   as 

delegate  12 

compulsory  arbitration,  relating  to,  presented  by.    (See  Overtures.) 

female  suffrage,  petition  favoring,  presented  by 59 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  oh  Indians 34 

member  of  Select  Committee,  Relating  to  Introduction  of  Over- 
tures.   (See  Rules.) 
oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Church  property,  petition  for  taxaton  of,  presented  by  Mr.  Hirschberg,  262 

Cities,  certain  officers  in,  appointment  of,  relating  to,  presented  by 
Mr.  J.  Johnson.    (See  Overtures.) 

Cities,   charters  of,   to  amend  article   10,   relating  to,   presented  by 
Mr.  Lauterbach.     (See  Overtures.) 

classification  of,  relating  to,  presented  by  the  Committee  on  Cities. 
(See  Overtures.) 

classification  of,  resolution  relating  to,  offered  by  Mr.  J.  Johnson. 
(See  Resolutions.) 

debt,  limitation  of,   relating  to,  presented  by  Mr.   Banks.     (See 
Overtures.) 

elections  in,  relating  to,  presented  by  Mr.  J.  Johnson.    (See  Over- 
tures.) 

funded  debt,  valuation,  etc.,  of,  relating  to.     (See  Resolutions.) 

home  rule  for,  relating  to,  presented  by  the  Committee  on  Cities. 
(See  Overtures.) 

home    rule   for,    to    amend   article    8,    relating   to,    presented    by 
Mr.  Dean.     (See  Overtures.) 

home  rule  for,  relating  to,  presented  by  Mr.  C.  H.  Lewis.     (See 
Overtures.) 

home  rule  for,  relating  to,  presented  by  Mr.  Speer.     (See  Over- 
tures.) 

home  rule  for,  relating  to,  presented  by  Mr.  Tekulsky.    (See  Over- 
tures.) 

organization  of,  relating  to,  presented  by  Mr.  Cady.     (See  Over- 
tures.) 
Special  Committee  to  Prepare  an  Article  for  the  Government  of, 

resolution  for,  offered  by  Mr.  Jenks.     (See  Resolutions.) 
villages   and   towns,   organization   of,,  relating  to,   presented  by 
Mr,  Yeeder.     (See  Overtures.) 


876  INDEX. 

Page. 

Citizens,  naturalized,  right  of  suffrage  by,  to  amend  article  2,  relating 
to,  presented  by  Mr.  Lauterbach.  (See  Overtures.) 

to  vote,  right  of,  to  amend  article  2,  relating  to,  presented  by  Mr. 

Porter.    (See  Overtures.) 
Citizenship,  relating  to,  presented  by  Mr.  Root.    (See  Overtures.) 

City  charters,  to  amend  article  8,  relating  to,  presented  by  Mr.  Hill. 

(See  Overtures.) 

elections,  to  separate  from  national  and  State,  to  amend  article  8, 
relating  to.    (See  Overture.) 

Civil  damage,  relating  to,  memorial  presented  by  Mr.  Doty 442 

Civil  Service,  Committee  on,  appointment  of 205 

for  Committee  on,  resolution  offered  by  Mr.  Gilbert.    (See  Reso- 
lutions.) 
reform,  petition  favoring,  presented  by  Mr.  President  (Choate). 

(See  Petitions.) 
reform,  resolution  relating  to,  presented  by  Mr.  R.  M.  Johnston. 

(See  Resolutions.) 

relating  to,  presented  by  Mr.  H.  A.  Clark.    (See  Overtures.) 
to  amend  article  10,  relating  to,  presented  by  Mr.  Holls.    (See 
Overtures.) 

Claims  against  the  State,  relating  to,  presented  by  Mr.  Pratt.  (See 
Overtures.) 

Claims,  Board  of,  cases  argued  before,  Attorney-General  to  report 
relating  to,  resolution  offered  by  Mr.  C.  B.  McLaughlin.  (See 
Resolutions.) 

Clark,  H.  Austin,  delegate,  Twenty-fifth  Senate  district,  Owego,  Tioga 

county. 14 

certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate : 12 

civil  service,  relating  to,  presented  by.    (See  Overtures.) 
counties,  forming  and  dividing,  relating  to,  presented  by.     (See 

Overtures.) 

female  suffrage,  petition  favoring,  presented  by 107 

Legislature,  powers  of,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  Cities 31 

member  of  Committee  on  Corporations 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

property,  private,  for  public  use,  taking,   relating  to,  presented 

by.    (See  Overtures.) 
sessions  of  the  Convention,  resolution  relating  to,  offered  by.    (See 

Resolutions) 45,    46 

Clark,  George  W.,  delegate,  Twenty-eighth  Senate  district,  Penfield, 

Monroe  county 14 

certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 
delegate 12 


INDEX. 


87' 


Clark,  George  W.— (Continued):  Page. 

member  of  Committee  on  Canals 31 

member  of  Committee  on  County,  Town  and  Village  Government.     32 
oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Clerks  of  committees,  assignment  of 81 

to  continue  services  of,  motion  relating  to 689 

Cochran,   William  H.,  delegate,   Second    Senate    district,    Brooklyn, 

Kings  county 12 

amendment  offered  by,  to  resolution  of  Mr.  M.  E.  Lewis,  for  the 

adoption  of  rules.     (See  Rules) 22 

certificate  of  State  Board  of  Canvassers  to  election  of,  as  delegate,    12 

civil  service,  overture  relating  to,  to  amend,  motion  made  by 742 

correction  of  Journal,  on  report  of  Committee  on  Privileges  and 

Elections,  asked  for  by 304 

excused  from  voting  on  contested  seat  cases,   Sixth   Senatorial 

district 413 

excused  from  voting  on  overture  for  disfranchising  voters 477 

female  suffrage,  to  lay  report  of  Committee  on  Overtures  relating 

to,  on  the  table,  motion  made  by 404 

-  Manual  of  the  Convention,  resolution  relating  to  the,  offered  by. 

(See  Resolutions.) 

member  of  Committee  on  Military 33 

member  of  Committee  on  Suffrage 30 

militia,  relating  to,  presented  by.    (See  Overtures.) 

naturalization,  overture  relating  to,  motion  made  by,  on.     (See 

Motions.) 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

point  of  order  raised  by 555,  556 

rules,  to  amend,  motion  made  by 113,  125,  126 

seat  contested  by,  Henry  J.  Brown.    (See  Seats  Contested) 21 

sessions  of  the  Convention,  relating  to,  motion  made  by.     (See 

Vote) 436 

soldiers'  homes,  voting  by  inmates,  of,  relating  to,  presented  by. 

(See  Overtures.) 
teller,  appointed  as 633,  644,  656,  657,  672,  691,  694,  711,  739,  754 

Codification,  Commissioners  of,  to  amend  article  1,  relating  to  appoint- 
ment of,  presented  by  Mr.  Doty.    (See  Overtures.) 

Cole,  H.  W.,  designated  as  Reporter 18« 

Coleman,  John,    delegate,    Thirty-first    Senate    district,  Buffalo,  Erie 

county 14 

certificate  of  State  Board  of  Canvassers  to  election  of,  as  delegate,  12 
employers,  to  employes,  liability  of,  relating  to,  presented  by.    (See 
Overtures.) 

member  of  Committee  on  Citites 31 

member  of  Committee  on  Industrial  Interests 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 


878  INDEX} 

Page. 

Commissions,  to  abolish  all,  to  amend  article  6,  relating  to,  presented 
by  Mr.  Dean.     (See  Overtures.) 

Committee   meetings,    notice    of,    resolution    relating    to,    offered    by 
Mr.  Doty.     (See  Resolutions.) 

Committee  meetings,  resolution    relating   to,  offered   by    Mr.  Forbes. 

(See  Resolutions)  199 

Committee  meetings,  resolution  relating  to,  offered  by   Mr.  Andrew 

Frank.    (See  Resolutions) 188 

Committee  of  the  Whole,  amendments  proposed  in,  printing  of  resolu- 
tion relating  to,  offered  by  Mr.  Barhite.     (See  Resolutions.) 

Committees,    business    before,    condition    of,    resolution    relating    to, 

offered  by  Mr.  Burr.     (See  Resolutions) 438 

Committees,    final    reports    of,    relating    to,    resolution    offered    by 
Mr.  Moore.     (See  Resolutions.) 

Committees,  Overtures  presented  by: 

Committee  on  Canals,  canals,  relating  to,  presented  by.  (See 
Overtures.) 

Committee  on  Canals,  canals,  relating  to,  presented  by.  (See 
Overtures.) 

Committee  on  Charities,  Charities,  State  Board  of,  relating  to,  pre- 
sented by.  (See  Overtures.) 

Committee  on  Cities,  cities,  classification  of,  relating  to,  presented 
by.  (See  Overtures.) 

Committee  on  Cities,  cities,  home  rule  for,  relating  to,  presented 
by.  (See  Overtures.) 

Committee  on  Corporations,  corporations,  relating  to,  presented  by. 
(See  Overtures.) 

Committee  on  Corporations,  trusts  or  combinations,  relating  to,  pre- 
sented by.  (See  Overtures.) 

Committee  on  Education,  schools,  free  common,  relating  to,  pre- 
sented by.  (See  Overtures.) 

Committee  on  Finance  and  Taxation,  property,  real  and  personal, 
taxation  of,  relating  to,  presented  by.  (See  Overtures.) 

Committee  on  Forest  Preserve,  forest  preserve,  relating  to,  pre- 
sented by.  (See  Overtures.) 

Committee  on  Future  Amendments,  future  amendments,  relating 
to,  presented  by.  (.See  Overtures.) 

Committee  on  Judiciary,  Commissioner  of  Jurors,  appointment  of, 
relating  to,  presented  by.  (See  Overtures.) 

Committee  on  Judiciary,  Judiciary  article,  relating  to,  presented 
by.  (See  Overtures.) 

Committee  on  Judiciary,  political  purposes,  use  of  money  for,  relat- 
ing to,  presented  by.  (See  Overtures.) 

Committee  on  Legislative  Organization,  Senate  and  Assembly  dis- 
tricts, relating  to,  presented  by.  (See  Overtures.) 


INDEX.  879 

Committees,  overtures  presented  by  —  (Continued):  Page. 

Committee  on  Legislative    Powers    and    Duties,    Niagara    river, 

waters  of,  relating  to,  presented  by.     (See  Overtures.) 
Committee  on  Preamble  and  Bill  of  Rights,  capital  or  other  infa- 
mous crimes,  persons    convicted   of,    relating  to,    presented    by. 
(See  Overtures.) 

Committee  on  Preamble  and  Bill  of  Rights,  death,  injuries  result- 
ing in,  relating  to,  presented  by.     (See  Overtures.) 
Committee  on  Preamble  and  Bill  of   Rights,   gambling,   relating 

to,  presented  by.     (See  Overtures.) 
Committee  (Special)  on  Land  Titles,  lands,  transfer  of  title  to, 

relating  to,  presented  by.     (See  Overtures.) 
reports    of,    resolution    relating   to,  offered    by    Mr.  Blake.    (See 

Resolutions.) 
reports  of,  resolution  relating  to,  offered  by  Mr.  Francis.     (See 

Resolutions.) 
reports  of,  relating  to,  resolution    offered    by    Mr.    Moore.    (See 

Resolutions.) 
reports  of,  resolution    relating    to,    offered    by    Mr.    Root.     (See 

Resolutions.) 
standing,  appointment  of,  on: 

Banking  and  Insurance 33 

Canals 31 

Charities 33 

Cities 31 

Constitutional  Amendments 34 

Contingent  Expenses 35 

Corporations 32 

County,  Town  and  Village  Government 31 

County,  Town  and  Village  Officers 32 

Education 33 

Governor  and  State  Officers 30 

Indians 34 

Industrial  Interests 33 

Judiciary 30 

Legislative  Organization 29 

Legislative  Powers 29 

Military  .  .  . 33 

Preamble 29 

Printing 34 

Privileges  and  Elections 22,    26 

Railroads,  etc 31 

Revision  and  Engrossing  34 

Rules 22,  23,  26,    27 

Salt  Springs 34 

State  Finances  and  Taxation 30 

State  Prisons  and  Penitentiaries 32 

Suffrage 30 


880  INDEX. 

Page. 

Committee  meetings,    resolution    offered  by    Mr.  Veeder,  relating    to 
posting  notices  of.    (See  Resolutions.) 

Committee  rooms,  resolution  offered  by  Mr.  McMillan  for  committee  to 
assign.     (See  Resolutions.) 

Common  school  fund,   relating  to,   presented  by   Mr.  Phipps.     (See 
Overtures.) 

Common  schools,  relating  to,  presented  by  Mr.  Sandford.    (See  Over- 
tures.) 

Compiler  to  report  certain  information,  resolution  offered  by  Mr.  Root. 
(See  Resolutions.) 

Congressional  apportionment,  relating  to,  offered  by  Mr.  E.  R.  Brown. 
(See  Resolutions.) 

Connolly,  Hon.  John,  privileges  of  the  floor  extended  to 606 

Conspiracies,  to  amend  article  1,  relating  to,  presented  by  Mr.  Spring- 
weiler.    (See  Overtures.) 

Constitution,  construction  of  the,  new  article  relating  to,  presented  by 
Mr.  Cookinham.    (See  Overtures.) 

Constitution: 

conventions  to  revise,  future,  relating  to,  presented  by  Mr.  Veeder. 

(See  Overtures.) 
engrossed  copy  of,  President  and  Secretary  to  attest,  motion  made 

by  Mr.  Holls. 828 

final  draft  of,  report  of  committee  relating  to 772 

phraseology  of  the  present,  adopting  the,  relating  to,  resolution 

offered  by  Mr.  Forbes.    (See  Resolutions.) 

proposed.  . 775 

proposed,  to  print  copies  of,  resolution  offered  by  Committee  on 

Contingent  Expenses.     (See  Resolutions.) 
propositions  to  amend,  resolution  relating  to  reference  of,  offered 

by  Mr.  J.  Johnson 21 

revised,   publication   of,    resolution   relating   to,    offered    by    Mr. 

Becker 838 

revised,  submission  of,  to  the  people,  resolution  relating  to,  offered 

by  Mr.  Root.    (See  Resolutions.) 
revisions,  of  the,  future,  relating  to,  presented  by  Mr.  Bigelow. 

(See  Overtures.) 
subdivisions  of  the,  to  maintain,  resolution  relating  to,  offered  by 

Mr.  Hawley.    (See  Resolutions.) 

Constitutional  Convention,  powers  of,  relating  to,  presented  by  Mr. 
Danforth.     (See  Overtures.) 

Constitutional  Convention,  relating  to,  presented  by  Mr.  C.  H.  Truax. 
(See  Overtures.) 


INDEX.  881 

Page. 
Constitutional   Conventions,   future,   relating  to,   presented    by    Mr. 

Tucker.    (See  Overtures.) 

future,  relating  to,  presented  by  Mr.  Parmenter.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Herzberg.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Mereness.    (See  Overtures.) 
to  be  judge  of  election  of  members,  to  amend  article  13,  relating 
to,  presented  by  Mr.  Lincoln.    (See  Overtures.) 

Convention: 

adjournment  of,  to  May  22,  motion  made  by  Mr.  Acker 26 

adjournment  sine  die,  on  motion  of  Mr.  Vedder 854 

Assistant  Janitor  of,  Thomas  Brown,  appointed 28 

Assistant  Librarian  of,  J.  W.  Jones,  appointed 28 

Assistant  Secretaries  of,  James  C.  Sheldon,  Marcus  M.  Cass,  Jr., 

Emmitt  W.  Parkhill,  appointed 29 

Assistant  Secretary  of,  Edward  M.  Johnson,  appointed  as 26 

called  to  order  by  Hon.  John  Palmer,  Secretary  of  State 10 

certificate  of  the  Secretary  of  State,  Hon.  John  Palmer,  to  correct- 
ness of  the  list  of  delegates  elected  to  the 11,  15 

clerks  of,  J.  W.  Titus,  C.  H.  Bassett,  H.  G.  Getter,  J.  H.  Rathbone, 
J.  P.  Brennan,  E.  A.  Fay,  J.  A.  Cook,  Ray  Smith,  George  B. 

Munn,  appointed 28 

Constitution,  to  revise  and  amend,  the,  to  amend  chapter  398,  of 
the  Laws  of  1892,  providing  for,  approved  by  the  Governor,  Jan- 
uary 27,  1893 1,  2,  3,  4,  5,  6,  7 

Constitution,  to  revise  and  amend,  the,  to  amend  chapter  8,  of  the 
Laws  of  1893,  providing  for,  approved  by  the  Governor,  March 

31,  1894 8,  9,    10 

daily  sessions,  hour  of  meeting,  relating  to,  motion  made  by  Mr. 

McClure 46 

delegates-at-large,  list  of 11 

delegates-at-large,  certificate  of  State  Board  of  Canvassers  to  elec- 
tion of 10,  11 

delegates,  Senatorial  district,  list  of 12,  13,    14 

delegates,   Senatorial  district,   certificate  of  the  State  Board  of 

Canvassers  to  election  of 12 

deliberation  of,  Judiciary  Committee  to  make  report  as  to  length 

of,  offered  by  Mr.  Bigelow.    (See  Resolutions.) 
Doorkeepers  of,  William  Henkel,  George  D.  Weeks,  Hiram  Van 

Tassel,  Asa  P.  Fish,  appointed 28 

evening  sessions  of,  relating  to,  resolution  offered  by  Mr.  Morton. 

(See  Resolutions.) 

evening  sessions  of,  relating  to,  resolution  offered  by  Mr.  Platzek. 
(See  Resolutions.) 

Janitor  of,  George  Smith  appointed  as 26 

Journal  of,  to  dispense  with  the  reading  of  the,  resolution  offered 
by  Mr.  I.  S.  Johnson.  (See  Resolutions.) 

Librarian  of,  Edgar  L.  Murlin,  appointed  as 26 

Manual  Rules,  temporary  adoption  of.    (See  Rules) 22 


882  INDEX.    ., 

Convention  —  (Continued) :  Page, 

meetings    of,    hour    of,    resolution    relating   to,    offered   by    Mr. 

Goodelle.    (See  Resolutions.) 

Messengers  of,  John  Seaman,  A.  B.  Crumb,  Joseph  Fayel,  Thomas 
G.  A.  Cheney,  C.  E.  Boyden,  Edward  M.  Seacord,  H.  D.  Taylor, 
W.  T.  Pool,  F.  O.  Loomis,  T.  H.  Rochford,  P.  J.  Haybyrne, 

appointed 28,  29,    47 

Pages  of,  John  Gueron,  William  Ross,  George  Tiernan,  F.  M. 
Moore,  J.  J.  Guernsey,  Samuel  Palmer,  S.  F.  Barager,  C.  Weddi- 

gan,  William  Logan,  James  Husted  Millard,  appointed 29,    47 

postmaster  of,  Joseph  S.  Saunders,  appointed 23 

communication  from 47,  133 

President  of,  Joseph  H.  Choate  nominated  for 15 

President  of,  Joseph  H.  Choate  elected  as.   (See  Choate,  Joseph  H.)    16 

President  of,  address  of 16,  17,  18,    19 

President  of,  First  Vice-President,  election  of  Thomas  G.  Alvord, 

as 19 

President  of,  Second  Vice-President,  election  of  William  H.  Steele, 

as 20 

President's  Clerk,  C.  A.  de  Gersdorff,  appointed 28 

proceedings  of,  contract  for  printing  of,  resolution  offered  by  Mr. 

I.  S.  Johnson  relating  to.    (See  Resolutions.) 

proceedings  of,  opened  with  prayer  by  Rev.  Walton  W.  Battershall.    10 
results  of  the  work  of  the,  publication  of,  resolution  relating  to, 
offered  by  Mr.  Becker.    (See  Resolutions.) 

Secretary  of,  Charles  E.  Fitch  elected 20 

Sergeant-at-Arms  of,  William  W.  Bennett,  elected 20 

(assistant),  John  McElroy,  elected 21 

sessions  of,  relating  to,  motion  made  by  Mr.  Acker 46 

sessions  of,  relating  to,  motion  made  by  Mr.  Cookinham 44 

sessions  of,  relating  to,  motion  made  by  Mr.  Vedder 46 

sessions  of,  resolution  offered  by  Mr.  Marshall  relating  to 28 

sessions  of,  resolution  offered  by  Mr.  E.  R.  Brown  relating  to.  (See 
Resolutions.) 

sessions  of,  resolution  offered  by  Mr.  H.  A.  Clark  relating  to 45 

sessions  of,  resolution  offered  by  Mr.  I.  S.  Johnson  relating  to.     (See 

Resolutions.) 
sessions  of,  resolution  offered  by    Mr.  Moore    relating    to.     (See 

Resolutions.) 

sessions  of,  to  open  with  prayer,  resolution  offered  by  Mr.  Cookin- 
ham relating  to 62 

standing  committees  of 29,  30,  31,  32,  33,  34,     35 

stenographer  of,  Herbert  A.  Briggs  elected 20 

Convict     labor,     against,     employment     of,     petition     presented     by 
Mr.  McArthur.    (See  Petitions.) 

Convict     labor,     against     employment     of,     petition     presented     by 
Mr.  McDonough.    (See  Petitions.) 

Cook,  J.  A.,  appointed  clerk 28 


I^DEX.  883 

Page. 

Cookiiilium,  Henry  J.,  delegate,  Twenty-third  Senate  district,  Utica, 

Oneida  county 13 

address  to  the  people,  authentification  of  the,  motion  made  by 846 

address  to  the  people,  for  appointment  of  committee  to  draft,  reso- 
lution offered  by.     (See  'Resolutions.) 

adjournment  sine  die,  for,  resolution  offered  by.  (See  Resolutions.) 
adjournment  to  July  9th,  resolution  offered  by.  (See  Resolutions.) 
certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate  12 

Constitution,  construction  of  the,  new  article  relating,  presented 

by.     (See  Overtures.) 
Daily  report  of  proceedings,  motion  relating  to,  made  by.    (See 

Resolutions)  224 

female  suffrage,    Committee    on  Rules  to   report  a    rule    limiting 

debate  on  subject  of,  resolution  offered  by 443 

free  passes,  relating  to  delegates  using,  motion  made  by.     (See 

Motions.) 
Governor  Hogg,  of  Texas,  extending  privileges  of  the  floor  to, 

resolution  offered  by 249 

inhabitants,  enumeration  of,  to  amend  article  3,  relating  to,  pre- 
sented by.     (See  Overtures.) 

member  of  Committee  on  Judiciary 30 

member  of  Committee  on  Privileges  and  Elections 26,    34 

member  of  Committee  on  Suffrage 30 

member  of  Committee  to  Assign  Committee  Rooms 35 

member  of  Committee  to  Prepare  an  Address  to  the  People 772 

members,  attendance  of,  on  resolution  relating  to,  motion  made  by. 
(See  Resolutions.) 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures,  order  of  consideration  of,  resolution  offered  by.     (See 

Resolutions)    699 

overtures,  limiting  debate  on,  resolution  relating  to,  offered  by. 

(See  Resolutions.) 

overtures,  relating  to,  coroner,  passage  of  bills,  and  official  succes- 
sion, to  lay  on  the  table 402 

privileges  of  the  floor  extended  to  Hon.  Alfred  Dolge,  on  motion 

made  by 549 

Putnam  and  Sullivan,  contested  seat  expenses,  resolution  relating 

to,  offered  by.     (See  Resolutions.) 

Putnam  and   Sullivan,  printing  evidence  in  cases  of,   resolution 
relating  to,  offered  by.     (See  'Seats  Contested.) 

report  of  the  Printing  Committee,  to  amend,  motion  made  by 293 

seats  contested,  brief  of  counsel  for  Beckwith  and  Trapper,  pre- 
sented by 232 

sectarian    appropriations,    petition    against,    presented    by.    (See 

Petitions.) . 

Senators  and  Members  of  Assembly,  number  of,  relative  to.    (See 
Overtures.) 


•*. 

884  INDEX. 

Cookinham,  Henry  J. —  (Continued):  Page, 

session  of  the  Convention  to  open  with  prayer,  resolution  offered 

by,  relating  to 62 

Sixth    Senatorial    seat   contested    case,    relating    to.     (See    Seats 

Contested.) 
special  orders,  resolution  offered    by,  making    certain    overtures 

special  orders.    (See  Resolutions.) 

Cooney,  John,  delegate,  Fifth  Senate  district,  Brooklyn,  Kings  county. 

(Died  before  the  assembling  of  the  Convention) 12 

certificate    of  the    State   Board  of    Canvassers  to    election  of,  as 
delegate 10 

Cornell  University,  resolution  to  send  records  to,  offered  by  Mr.  Tib- 
betts.    (See  Resolutions.) 

Corn  well,   George  R.,   delegate,   Twenty-sixth   Senate  district,   Penn 

Yan,  Yates  county 14 

certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate 12 

female  suffrage,  petition  favoring,  presented  by 59 

member  of  Committee  on  Education 33 

member  of  Committee  on  Railroads,  etc . .     31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

privileges  of  the  floor  granted  to  Hon.  Sereno  B.  Payne,  motion 

made  by 699 

railroads,  rates  and  charges  by,  relating  to,  presented  by.     (See 

Overtures.) 
Saxton,  Charles  T.,  extending  privileges  of  the  floor  to,  motion 

made  by 358 

sectarian  appropriations,  against,  petition  presented  by 352 

prohibiting,  relating  to,  presented  by.    (See  Overtures.) 

Coroner,  office  of,  to  abolish,  to  amend  article  10,  relating  to,  presented 
by  Mr.  Dickey.    (See  Overtures.) 

Coroner's  office,  of  New  York  city,  presentment  of  grand  jury,  relat- 
ing to 266 

Coroners,  qualification  of,  petition  relating  to,  presented  by  Mr.  Porter, 
qualification  of,  relating  to,  by  Mr.  Porter.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Porter.    (See  Overtures.) 

Corporation  Counsel,  election  of,  relating  to,  presented  by  Mr.  A.  H. 
Green.     (See  Overtures.) 

Corporations,  capitalization  of,  limiting,  petition  relating  to,  presented 
by  Mr.  President  (Choate).    (See  Petitions.) 

Corporations,  relating  to,  presented  by  Mr.  O.  A.  Fuller.     (See  Over- 
tures.) 

Corporations  and  competing  lines  of  railroads,  relating  to,  presented 
by  Mr.  Storm.     (See  Overtures.) 


INDEX.  885 

Page. 

Corporations,  creating,  relating  to,  by  Mr.  Doty.    (See  Overtures.) 
creation  of,  by  special  act,  relating  to,    by    Mr.    Hawley.     (See 

Overtures.) 
formation  of,  to  amend  article  8,  relating  to,  presented  by  Mr. 

Moore.    (See  Overtures.) 
office  of  superintendent  of,  relating  to,  presented  by  Mr.  T.  A. 

Sullivan.     (See  Overtures.) 
payment  of  wages  by,  relating  to,  presented  by  Mr.  Tucker.    (See 

Overtures.) 

relating  to,  presented  by  Mr.  Burr.    (See  Overtures.) 
relating  to,  presented  by  the  Committee  on  Corporations.     (See 

Overtures.) 

relating  to,  presented  by  Mr.  Forbes.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Forbes.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Roche.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Tucker.    (See  Overtures.) 
to  amend  article  8,  relating  to,  presented  by  Mr.  Hawley.     (See 

Overtures.) 
to  amend  article  8,  relating  to,  presented  by  Mr.  Mereness.    (See 

Overtures.) 
to  strike  out  article  8,  relating  to,  presented  by  Mr.  Hawley.    (See 

Overtures.) 

Counsel,  right  of,  relating  to,  presented  by    Mr.    J.    I.    Green.     (See 
Overtures.) 

Countryman,  Edwin  J.,  delegate,.  Nineteenth  Senate  district,  Albany, 

Albany  county 13 

certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate 12 

civil  service,  overture  relating  to,  to  amend,  motion  made  by.  742,  743 
female  suffrage,  petition  against,  presented  by.    (See  Petitions.) 
female  suffrage,  petition  favoring,  presented  by.    (See  Petitions.) 
member  of  Committee  Appointed  to  Conduct  the  President  to  the 

chair 16 

member  of  Committee  on  Civil  Service 205 

member  of  Committee  on  Judiciary 30 

member  of  Committee  on  Privileges  and  Elections 26,    34 

naturalization,  to  amend  overture  relating  to,  motion  made  by 610 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

paired  with  Mr.  Cochran 597 

religious  institutions,  for  State  inspection  ,of.    (See  Petitions.) 
sectarian    appropriations,    against,    petition    presented    by.     (See 

Petitions.) 

teller,  appointed  as 714,  743 

vote  received  by,  for  President  of  the  Convention 15 

votes  received  by,  as  Second  Vice-President 20 

Counties  and  villages,  indebtedness  of,  to  obtain  statement  of,  resolu- 
tion offered  by  Mr.  Doty.     (See  Resolutions.) 


886  INDEX. 

Page. 

Counties,  cities  and  villages,  incurring  debt  by,  relating  to,  presented 
by  Mr.  Roche.    (See  Overtures.) 

Counties,  cities,  towns  or  villages,  loaning  credit  of,  relating  to,  by 
Mr.  Doty.     (See  Overtures.) 

Counties,  forming  or  dividing,   relating  to,  presented  by  Mr.   H.  A. 

Clark.     (See  Overtures.) 
funded  debt,  valuation,  etc.,  of,  relating  to.     (See  Resolutions.) 

County  and  Surrogate's  Courts,  to  amend  article  6,  relating  to,  pre- 
sented by  Mr.  Moore.     (See  Overtures.) 

County  and  Surrogate's  Courts,  to  amend  article  4,  relating  to,  pre- 
sented by  Mr.  A.  B.  Steele.     (See  Overtures.) 

County,  city,  town    and    village    officers,  relating    to,  presented    by 
Mr.  Parmenter.     (See  Overtures.) 

County  Courts,  costs  of  terms  of,   resolution  relating  to,  offered  by 

Mr.  Moore.     (See  Resolutions.) 
jurisdiction  of,   relating  to,  presented   by   Mr.   Woodward.    (See 

Overtures.) 

relating  to,  presented  by  Mr.  Lincoln.     (See  Overtures.) 
relating  to,  presented  by  Mr.  McArthur.     (See  Overtures.) 
to  amend  article  6,  relating  to,  presented  by  Mr.  Maybee.     (See 

Overtures.) 
County  Judges  and  Surrogates  practicing  law,  to  prohibit,  to  amend 

article  6,  relating  to,  presented  by  Mr.  Roche.     (See  Overtures.) 

County  officers,  relating  to,  presented  by  Mr.  Roche.     (See  Overtures.) 
to  receive  a  stated  compensation,  resolution  offered  by  Mr.  Roche. 
(See  Resolutions.) 

County  Treasurers,  defalcations  of,  resolution  relating  to,  offered  by 

Mr.  McKinstry.     (See  Resolutions.) 

to  amend  article  10,  relating  to,  presented  by  Mr.  McKinstry.     (See 
Overtures.) 

Court  of  Appeals  calendar,  resolution  relating  to,  offered  by  Mr.  C.  B. 

McLaughlin.    (See  Resolutions.) 
judges     of,     relating    to,     presented    by     Mr.     Parmenter.     (See 

Overtures.) 

relating  to,  presented  by  Mr.  Doty.     (See  Overtures.) 
relating  to,  presented  by  Mr.  Moore.     (See  Overtures.) 
relating  to,  presented  by  Mr.  A.  B.  Steele.    (See  Overtures.) 

Court    of    Claims,    relating    to,    presented    by     Mr.     Lincoln.     (See 
Overtures.) 

Courts,  County  and  other  lower,  relating  to,  presented  by  Mr.  A.  B. 
Steele.    (See  Overtures.) 

Courts,    litigation    and    business    in,    resolution    relating    to.    (See 
Resolutions.) 


INDEX.  887 

Page. 
Courts    of    Sessions,    relating   to,    presented    by    Mr.    Hawley.     (See 

Overtures.) 

Courts,  practice  and  procedure  of,  relating  to,  presented  by  Mr.  Root. 
(See  Overtures.) 

Crimes,  capital  or  other  infamous,  relating  to,  presented  by  the  Com- 
mittee on  Preamble  and  Bill  of  Rights.     (See  Overtures.) 

Criminal  cases,  new  trials  in  certain,  petition  relating  to,  presented  by 
Mr.  President  (Choate).     (See  Petitions.) 

Criminal  cases,   relating   to,    resolution   offered   by    Mr.   Titus.    (See 

Resolutions.) 
Criminal    prosecutions,    defendants    in,    relating    to,    presented    by 

Mr.  Goodelle.    (See  Overtures.) 

Crirnmins,  John  D.,  delegate,  Twelfth  Senate  district,  New  York  city. .  13 
certificate  of  the  State  Board  of  Canvassers  to  election  of,   as 

delegate 12 

member  of  Committee  on  Industrial  Interests 33 

member  of  Committee  on  Legislative  Organization 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Crosby,  Abram  C.,  delegate,  Twenty-fifth  Senate  district,  Delhi,  Dela- 
ware county 14 

adjournment  to  July  9th,  relating  to,  previous  question  moved  by. 

(See  Resolutions.) 
certificate  of  the  State  Board  of  Canvassers  to  election  of,   as 

delegate 12 

member  of  Committee  on  Privileges  and  Elections 26,     34 

member  of  Committee  on  Legislative  Organization 29 

member  of  Committee  on  State's  Prisons  and  Penitentiaries 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

printing,  relating  to,  resolution  offered  by.    (See  Resolutions.) 
privileges  of  the  floor,  to  extend  to  Hon.  T.  Sanderson,  motion 

made  by  39S 

religious  institutions,  for  inspection  of,  petition  presented  by.    (See 

Petitions.) 

report  of  the  Printing  Committee,  to  amend,  motion  made  by 291 

ealt  lands  owned  by  the  State,  resolutions  for  Secretary  of  State 

to  give  information  regarding,  offered  by.    (See  Resolutions.) 
sectarian    appropriations,    petition    against,    presented    by.     (See 

Petitions.) 
Sixth  Senatorial  seat  contested  case,  relating  to,  motion  made  by. 

(See  Seats  Contested.) 
Trapper,  contested  seat  case,  evidence  in,   relating  to,   previous 

question  moved  by 246 

Crumb,  A.  B.,  appointed  messenger 28,  689 

Cunningham,  H.  Dv  designated  as  reporter 114 

57 


888  INDEX.' 

Page. 
Curran,  Eugene  A.,  delegate,  Sixth  Senate  district,  Flatbusli,  Kings 

county 15 

member  of  Committee  on  Contingent  Expenses 35 

member  of  Committee  on  Railroads,  etc 31 

seat  of,  contested  by  Charles  L.  Pasbley.     (See  Seats  Contested)..     21 
unseated  as  a  delegate 413 

Cuyler,  E.  C.,  designated  as  reporter 253 

D. 

Dams  and  reservoirs,  construction  of,  relating  to,  presented  by  Mr. 
Foote.    (See  Overtures.) 

Danforth,  George  L.,  delegate,  Seventeenth  Senate  district,  Middle- 
burgh,   Schoharie  county 13 

certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate 13 

Constitutional  Convention,  powers  of,  relating  to,  presented  by. 
(See  Overtures.) 

female  suffrage,  petition  favoring,  presented  by 118 

member  of  Committee  on  Canals 31 

member  of  Committee  on  Charities 33 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Davenport,   William  B.,  delegate,  Fifth    Senate    district,    Brooklyn, 

Kings  county.  .  . •. .     12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  petition  favoring,  presented  by.    (See  Petitions.) 

member  of  Committee  on  Cities 31 

member  of  Committee  on  Corporations 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

offenses,  certain,  punishment  for,  relating  to,  presented  by.     (See 
Overtures.) 

paired  with  Mr.   Rowley 557 

seats,  drawing  of,  resolution  offered  by * 23 

Davies,    John    C.,    delegate,    Twenty-third    Senate    district,    Camden, 

Oneida  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

chairman  of  Committee  on  Railroads,  etc 31 

female  suffrage,  petition  favoring,  presented  by 82 

member  of  Committee  on  Legislative  Organization 29 

member  of  Committee  on  Rules 23,  35 

motion  made  by,  that  Compiler  report  expenses  incurred  by  him. .  58 
motion  made  by,  to  lay  resolution  offered  by  Mr.  Moore,  relating 

to  overtures,  upon  the  table 61 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 


INDEX.  889 

Da  vies,  John  C. —  (Continued):  Page. 

printing,  on  report  of  Committee  on,  motion  made  by 214,  215 

question  of  presence  of  a  quorum  raised  by 507 

Senators  and  Members  of  Assembly,  tenure  of  office  of,  presented 
by.     (See  Overtures.) 

teller,  appointed  as 672,  697 

teller,  appointed,  for  election  of  First  and  Second  Vice-Presidents,    19 
to  lay  appeal  taken  by  Mr.  Mclntyre  on  the  table,  motion  made  by,  728 

Davis,   George   A.,   delegate,   Thirty-first   Senate   district,   Lancaster, 

Erie  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  Banking  and  Insurance 33 

member  of  Committee  on  Military : 33 

member  of  Committee  to  Assign  Committee  Rooms 35 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

private  property,  rights  of  owners  of,  relating  to,  presented  by. 

(See  Overtures.) 
privileges  of  the  floor  extended  to  Hon.  H.  J.  Hurd,  on  motion 

made  by 608 

religious   institutions,   for  inspection   of,   petition   presented   by. 

(See  Petitions.) 
sectarian  appropriations,  petition  against,  presented  by 47 

Davis,  William  H.,  petition  contesting  seat  held  by  Mr.  M.  L.  Towns. 
•    (See  Seats  Contested) 21 

Day's  work,  a  lawful,  relating  to,  presented  by  Mr.  Tucker.     (See 
Overtures.) 

Dayton,  Charles  W.,  delegate,  Fourteenth  Senate  district,  New  York 

city 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Deady,  John  A.,  delegate,  Fourteenth  Senate  district,  New  York  city. .  13 
certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate 12 

dissented  from  report  on  contested  seat  expenses,  Putnam  and 

Sullivan 637 

Herman  F.  Trapper,  expense  account  of,  relating  to,  motion  made 

by 374 

member  of  Committee  on  Privileges  and  Elections 26,  34 

member  of  the  Committee  on  Railroads,  in  place  of  Mr.  Koch, 

appointed 304 

member  of  Committee  on  Suffrage 30 

member  of  Committee  to  Assign  Committee  Rooms 35 

motion  to  lay  resolution  of  Mr.  Becker,  relating  to  the  publication 

of  the  daily  proceedings,  upon  the  table,  made  by 62 


890  INDEX. 

Deady,  John  A. —  (Continued):  Page. 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Rules,  motion  relating  to,  made  by 80 

suffrage  to  aliens,  motion  made  by,  on  resolution  relating  to.    (See 

Resolutions.) 
teller,   appointed  as 706 

Dean,  Benjamin  S.,   delegate,   Thirty-second   Senate   district,   James- 
town, Chautauqua  county 14 

anarchy,  relating  to,  resolution  offered  by.     (See  Resolutions.) 
apportionment,     non-partisan,     relating    to,    presented    by.     (See 
Overtures.) 

apportionment,  on  overture  relating  to,  motion  made  by 669 

canals,  resolution  relating  to  the,  offered  by.     (See  Resolutions.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Christian  government,  recognizing  this  as  a,  petition  presented  by,  267 
cities,  home  rule  for,  to  amend  article  8,  relating  to,  presented  by. 

(See  Overtures.) 
commissions,    to    abolish    all,    relating    to,    presented    by.     (See 

Overtures.) 

judges   and  justices,   age  limit,   relating  to,   presented  by.     (See 
Overtures.) 

member  of  Committee  on  Legislative  Powers 29 

member  of  Committee  on  Railroads,  etc 31 

New    Capitol,    completion    of,    relating    to,    presented    by.     (See 
Overtures.) 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

people,  rights  of  the,  relating  to,  presented  by.     (See  Overtures.) 
previous  question,  on  contested  seat  cases  (Sixth  district),  relating 

to,  moved  by.    (See  Seats  Contested.) 
previous  question,  on  limiting  debate  on  subject  of  female  suffrage, 

moved  by 448 

on  motion  of  Mr.  Mantanye,  moved  by 359 

on  report  of  Committee  on  Overture  relating  to  local  option 415 

on  report  of  Committee  on  Overture  relating  to  the  State  of 

New  York,  moved  by ' 382 

on  resolution  of  Mr.  Towns,  relating  to  Eugene  Debbs,  moved 

by 305 

on  motion  of  Mr.  Gibney,  moved  by 415 

on  motion  of  Mr.  Barhite,  moved  by 350 

on  motion  of  Mr.  McDonough,  moved  by 374 

Printing,  on  report  of  Committee  on,  motion  made  by 214 

public  franchises,  railroads  and  other  corporations  occupying,  relat- 
ing to,  presented  by.    (See  Overtures.) 

religious  freedom,  to  guarantee,  relating  to,  presented  by.    (See 
Overtures.) 

report  of  the  Printing  Committee,  to  amend,  motion  made  by 293 

sectarian  appropriation,  petition  against,  presented  by 60 


INDEX.  891 

Dean,  Benjamin  S.—  (Continued):  Page. 

Sixth  Senatorial  district  seat  contested  case,  relating  to,  previous 

question  moved  by.     (See  Seats  Contested.) 

State  Grange,  memorial  from  the,  presented  by 442 

to  lay  report  of  Committee  on  Overture  relating  to  two-thirds  bills 

on  the  table,  motion  made  by 432 

to  reconsider  vote  adopting  overture  relating  to  apportionment  of 

Senate  and  Assembly  districts,  motion  made  by 688 

women,  enfranchising,  relating  to,  presented  by.     (See  Overtures.) 

Death,  damages  for  injuries  resulting  in,  relating  to,  presented  by  the 
Committee  on  Preamble  and  Bill  of  Rights.  (See  Overtures.) 

damages  in  actions  involving,  relating  to,  presented  by  Mr.  Tekul- 
sky.  (See  Overtures.) 

penalty,  petition  for  abolition  of,  presented  by  Mr.  President 
(Choate).  (See  Petitions.) 

penalty,  relating  to,  presented  by  Mr.  Blake.     (See  Overtures.) 

Debates,  etc.,  to  furnish  copies  of,  to: 

Dolgeville  Library,  motion  made  by  Mr.  E.  A.  Brown 254 

Kings  County  Law  Library,  motion  made  by  Mr.  J.  Johnson 255 

libraries  of  the  State,  all,  motion  made  by  Mr.  Acker 255 

Queens  County  Law  Library,  motion  made  by  Mr.  Manley 255 

Debbs,  Eugene,  relating  to  trial  of,  resolution  offered  by  Mr.  Towns. 

(See  Resolutions.) 
Debt,  imprisonment  for,  relating  to,  presented  by  Mr.  Tucker.    (See 

Overtures.) 

Decorations  in  rear  of  the  President's  chair,  resolution  relating  to, 

offered  by  Mr.  E.  A.  Brown 195 

Delegates  desiring  leave  of  absence,  resolution  relating  to,  offered  by 

Mr.  J.  I.  Green.     (See  Resolutions) 351 

Delegates  from  the  Sixth  Senatorial  district,  pay  of,  relating  to,  reso- 
lution offered  by  Mr.  Jacobs.  (See  Resolutions.) 

Deposits,     unclaimed,     communication     relating     to,     presented     by 

Mr.  President  (Choate) 343,  392 

Desks,  extra,  for  members,  relating  to 55 

Deterling,  William,  delegate,  Sixth  Senate  district 413 

member  of  the  Committees  on  Charities,  Banking  and  Insurance. .  414 

oath  of  office  as  a  delegate  administered  to,  by  the  President 414 

paired  with  Mr.  Meyenborg 564 

seated  as  a  delegate 413 

seat  of  George  W.  Roderick  contested  by.    (See  Seats  Contested). .     21 

Dewey,  Melville,  resolution  of  thanks  to,  offered  by  Mr.  Goodelle 848 

Deyo,  Robert  E.,  delegate,  Eleventh  Senate  district,  New  York  city...     13 
appeals  to  the  Court  of  Appeals,  relating  to,  presented  by.     (See 
Overtures.) 


892  INDEX. 

Deyo,  Robert  E.—  (Continued) :  Page, 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  Education 33 

member  of  Committee  on  Land  Titles,  in  place  of  Mr.  Riggs 415 

member  of  Committee  on  Revision  and  Engrossment 438 

member  of  Committee  on  Rules 23,    35 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

vote  received  by,  for  First  Vice-President 19 

Dickey,  William  D.,  delegate,  Sixteenth  Senate  district,  Newburgh, 

Orange  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Committee  of  the  Whole,  relating  to,  resolution  offered  by.     (See 

Resolutions.) 

coroner,  doing  away  with  office  of,  presented  by,  relating  to.    (See 
Overtures.) 

female  suffrage,  petition  favoring,  presented  by IIS 

Governor,  powers  of,  to  amend  overture  relating  to,  motion  made 

by 694 

judges  over  70  years  of  age,  assignment  of,  relating  to,  presented 

by.    (See  Overtures.) 
judiciary   article,   overture,    resolution   relating    to,    offered    by. 

(See  Resolutions.) 

judicial  district,  additional,  relating  to,  presented  by.    (See  Over- 
tures.) 

judicial  districts,  to  increase,  presented  by.     (See  Overtures.) 
judiciary,  overture  relating  to,  motion  made  by.    (See  Vote.)..  633,  634 
jurors,  to  be  six  in  number,  relating  to,  presented  by.    (See  Over- 
tures.) 

Justices  of  Sessions,  doing  away  with  office  of,  relating  to,  pre- 
sented by.    (See  Overtures.) 

member  of  Committee  on  Corporations. • 32 

member  of  Committee  on  Legislative  Organization 29 

Niagara  river,  diversion  of  waters  of,  motion  made  by,  on  overture 

relating  to 657 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

report  of  Committee  on  Printing,  previous  question  moved  by,  on,  290 
seats  contested  (Putnam  and  Sullivan),  relating  to,  motion  made 

by 232 

Sixth  Senatorial  district  seat  contested  case,  relating  to,  motion 

made  by.    (See  Seats  Contested.) 
stenographer  furnishing  copy,   previous  question   moved   by,   on 

resolution   relating  to 312 

suffrage  to  aliens,  motion  made  by,  on  resolution  relating  to.    (See 

Resolutions.) 

voting  age,  relating  to,  presented  by.    (See  Overtures.) 
Division  of  question  called  for  by  Mr.  Blake,  on  resolution  offered  by 
Committee  on  Privileges  and  Elections,  in  seat  contested  cases 
in  Thirteenth  Senatorial  district,     (See  Seats  Contested.) 


INDEX.  893 

Page. 
Divorce,  relating  to,  presented  by  Mr.  Blake.    (See  Overtures.) 

Doty,  Lockwood  R.,  delegate,  Twenty-ninth  Senate  district,  Geneseo, 

Livingston  county 14 

canals,  relating  to,  presented  by.     (See  Overtures.) 

certificate  of  the  State  Board  of  Canvassers,  to  the  election  of,  as 

delegate. 12 

civil  damage  provision  in  the  Constitution,  relating  to  a,  memorial 

presented  by 442 

Codification,   Commissioners  of,  relating  to,  presented  by.     (See 

Overtures.) 

committee  meetings,  notice  of,  resolution  offered  by.     (See  Reso- 
lutions.) 

corporations,  creation  of,  relating  to,  presented  by.     (See  Over- 
tures.) 
counties  and  villages,   indebtedness  of,    resolution    relating    to, 

offered  by.     (See  Resolutions.) 
counties,  cities,  towns  and  villages,  loaning  credit  of,  relating  to, 

presented  by.    (See  Overtures.) 

Court  of  Appeals,  Second  Division  of,  to  create,  relating  to,  pre- 
sented by.    (See  Overtures.) 
elections,  manner  of,  overture  relating  to,  to  reprint,  motion  made 

by .....  396 

female  suffrage,  petition  favoring,  presented  by 59 

local  and  private  bills,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  Corporations 32 

member  of  Committee  on  County,  Town  and  Village  Government,    31 
official  ballots,  relation  to  cost  of  printing,  resolution  offered  by. . .  443 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

State  credit,  loaning,  relating  to,  presented  by.     (See  Overtures.) 

Dockerty,  Hon.  A.  T.,  privileges  of  the  floor  extended  to,  on  motion  of 

Mr.  Holcomb 608 

Dolge,  Hon.  Alfred,  privileges  of  the  floor  extended  to,  on  motion  of 

Mr.  Cookinham 549 

Dower   and    courtesy,    abolishing,    relating    to,    presented    by.    (See 
Ovoriures.) 

Durfee,  Henry  R.,  delegate,    Twenty-sixth    Senate    district,  Palmyra, 

Wayne  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

civil  service,  favoring,  petition  presented  by.     (See  Petitions.) 

civil  service,  overture  relating  to,  to  amend,  motion  made  by 742 

division  of  question  called  for  by,  on  report  of  Committee  on  Con- 
tingent Expenses  relating  to  stenographer 332 

elections,   manner  of,   overture  relating  to,   to   recommit,   motion 

made  by 396 

female  suffrage,  petition  favoring,  presented  by.     (See  Petitions.) 


894  INDEX. 

Durf ee,  Henry  R. —  (Continued) :  Page. 

Governor  and  Lieutenant-Governor,  election  of,  relating  to,  pre- 
sented by.    (See  Overtures.) 

member  of  Committee  on  Education 33 

member  of  Committee  on  Privileges  and  Elections 26,    34 

member  of  Committee  on  Revision  and  Engrossment 438 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures,  motion  to  refer  resolution  relating  to.    (See  Resolutions.) 
public  officers,  method  of  electing,  relating  to,  presented  by.    (See 
Overtures.) 

report  of  Printing  Committee,  to  amend,  motion  made  by 292 

rules,  to  amend,  motion  made  by 112 

sectarian    appropriations,    petition    against,    presented    by.     (See 

Petitions.) 

Senate  and  Assembly  districts,  to  print  the  report  of  the  Commit- 
tee on  Legislative  Organization  relating  to,  motion  made  by,  504,  505 
Senators  and  Assemblymen,  relating  to  number  and  pay  of,  peti- 
tion presented  by.     (See  Petitions.) 
teller,  appointed  as 708 

Durnin,  Eugene,  delegate,  Thirteenth  Senate  district,  New  York  city . .  13 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  Banking  and  Insurance 33 

member  of  Committee  on  Charities 33 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

seats,  motion  for  appointment  of  committee  for  examination  of  the 

ballots  for  drawing  of 24 

E. 

Education,  Committee  on,  designated 33 

funds  devoted  to,  resolution  relating  to,  offered  by  Mr.  Holls.     (See 

Resolutions.) 
relating  to,  presented  by  Mr.  Peck.    (See  Overtures.) 

Educational  bureaus,  resolution  relating  to,  offered  by  the  Committee 

onv  Education.     (See  Resolution.) 

uses,  resolution  for  Comptroller  to  report  income  from  property 
devoted  to.     (See  Resolutions.) 

Election    by    ballot,    relating    to,    presented    by    Mr.    Chipp.    (See 

Overtures.) 
campaigns,  bribery  and    corruption  in,    relating  to,  presented    by 

Mr.  Moore.    (See  Overtures.) 
commission,  relating  to,  presented  by  Mr.   I.   S.   Johnson.    (See 

Overtures.) 

Elections  and  caucus    meetings,  petition    relating    to,  presented    by 

Mr.  Lester 432 

manner  of,  relating  to,  presented  by  Mr.  Hill.  •  (See  Overtures.) 


INDEX.  895 

Elections  —  (Continued) :  Page. 

municipalities  and  taxation,  petition    relating    to,  presented    by. 

(See  Petitions.) 
municipal,    resolution    relating    to,    offered    by    Mr.    Cady.    (See 

Resolutions.) 

Emerson,  Luther  W.,  petition  of,  contesting  the  seat  held  by  Mr.  John 

B.  Meyenborg.     (See  Seats^  Contested.) 21 

Emmet,  William  T.,  delegate,  Fifteenth  Senate  district,  New  Rochelle, 

Westchester  county 13 

certificate  of  the  State  Board  of  Canvassers  to  election  of,   as 

delegate 11 

franchise,  right  of,  Governor  to  restore,  relating  to,  presented  by. 

(See  Overtures.) 
right  of,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  Corporations 32 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

public  moneys,  use  of,  for   sectarian    purposes,    relating    to,  pre- 
sented by.     (See  Overtures.) 

Employers  and  employes,  relating  to,  presented  by  Mr.  Tucker.  (See 
Overtures.) 

Employers,  liability  of,  to  employes,  relating  to,  presented  by  Mr.  Cole- 
man.  (See  Overtures.) 

Evidence  in  criminal  proceedings,  relating  to,  presented  by  Mr.  Bar- 
hite.  (See  Overtures.) 

Express  and  mail  matter,  relating  to.     (See  Resolutions.) 

rates,  relating  to,  petition  presented  by  Mr.  Barhite 432 

F. 

Faber,  William  A.,  delegate,  Fourth  Senate  district,  Brooklyn,  Kings 

county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

dissented  from  report  on  contested  seat  expenses,  Putnam  and 

Sullivan 637 

member  of  Committee  on  Contingent  Expenses 35 

member  of  Committee  on   Industrial  Interests 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Farrell,  Thomas  J.,  delegate,  Fifth  Senate  district,  Brooklyn,  Kings 

county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  Revision  and  Engrossing 34 

member  of  Committee  on  Salt  Springs 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 


896  INDEX. 

Page. 
Fay,   E.   A.,   appointed    Clerk 28 

Fayel,   Joseph,   appointed   Messenger 28,    757,  827 

Female  suffrage,  Committee  on  Rules  to  report  a  rule  limiting  debate 

on  subject  of,  resolution  offered  by  Mr.  Cookinham 443,  448 

relating  to,  presented  by  Mr.  Bigelow.     (See  Overtures.) 
relating  to,  presented  by  Mr.  Foote.     (See  Overtures.) 
relating  to,  presented  by  Mr.  Lincoln.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Tucker.     (See  Overtures.) 
relating  to.     (See  Petitions.) 

Female  voters,  relating  to,  presented  by  Mr.  Moore.     (See  Overtures.) 

Fields,  Andrew  C.,  delegate,  Fifteenth  Senate  district,  Dobbs  Ferry, 

Westchester  county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 

member  of  Committee  on  Banking  and  Corporations 33 

member  of  Committee  on  Printing 34 

oath  of  office  administered  to,  by  the  Secretary  of  State '. 10 

Field,  Rev.  H.  M.,  privileges  of  the  floor  extended  to,  on  motion  of 

Mr.  President 543 

Files  to  be  kept  in  committee  rooms,  resolution  relating  to  offered  by 
Mr.  Phipps.     (See  Resolutions.) 

Fish,   Asa   P.,   appointed   Doorkeeper 28 

Fitch,  Charles  E.,  elected  Secretary 20 

vote  of  thanks  to,  resolution  offered  by  Mr.  Blake 851 

Fitzgerald,   Frank   T.,   delegate,    Eighth    Senate   district,   New   York 

city 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of.  as 

delegate 12 

member  of   Committee   on   Cities 31 

member  of  Committee  on  State  Finances  and  Taxation 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Fitzgerald,  Thomas  W.,  delegate,   Sixth  Senate  district,   Port  Rich- 
mond,  Richmond  county 15 

female  suffrage,  petition  favoring,  presented  by.     (See  Petitions.) 
member  of  Committee  on  County,  Town  and  Village  Government,    3 
member  of  Select  Committee  Relating  to  Introduction  of  Over- 
tures.   (See  Rules.) 
seat  of,  contested  by  Charles  J.  Kurth.     (See  Seats  Contested.)..     21 
unseated  as  a  delegate 413 

Floor,  privileges  of,  extended  to: 

Baxter,  Hon.  A.  E 518 

Beebe,    George   M 369 


" 


INDEX.  897 

Floor,  privileges  of,  extended  to  —  (Continued) :  Page. 

Elaine,  James  G 636 

Blair,  Hon.  John  J 487 

Brown,   Hon.    L 771 

Bush,  Hon.  R.  P 518 

Close,  Mr 358 

Connolly,  Hon.  John 506 

Curran,  E 414 

Dockerty,   Hon.   A.   T 608 

Dolge,    Hon.   Alfred 549 

Draper,  Andrew  S 358 

Field,  Rev.  Dr.  H.  M 543 

Fitzgerald,    T.    W 414 

Gerry,  Elbridge  T 326 

Hunt,  Hon.  S.  F 548 

Hurd,  Hon.  H.  J 608 

Kilburn,  State  Senator 636 

McCormick,  Hon.  R.  C 722 

McKenna,   J.   A 387 

McKinstry,  Mr 363 

Merritt,  Hon,  E.  A 636 

Mullen,  W 414 

Payne,  Hon.  S.  E 699 

Putnam,  Hon.  J.  0 549 

Riggs,  J.  W 414 

Roderick,  G.  W 414 

Ryan,  Hon.  M 608 

Sanderson,  Hon.  T 398 

Saxton,  Charles  T 358 

Shetland,  Major-General 699 

Tracy,  Hon.  B.  F 699 

Tucker,   Hon.    Randolph,    of   Virginia 543 

Williams,  Hon.  J.  T 277 

Floyd,    Nicholl,    delegate,    First    Senate   district,    Centre    Moriches, 

Suffolk  county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  petition  favoring,  presented  by 108 

Forest  Preserve,  to  amend  overture  relating  to,  motion  made  by. .  686 
Indians  to  buy  and  sell  lauds,  right  of,  relating  to,  presented  by. 

(See  Overtures.) 

member  of  Committee  on  Canals 31 

member  of  Committee  on  County,  Town  and  Village  Government,     31 

oath  of  office  administered  to,  by  the  Secretary  of  State '10 

passes,  communication  relating  to,  to  print,  resolution  offered  by . .  400 
town  government,  organization  of,  relating  to,  presented  by.    (See 

Overtures.) 


898  INDEX. 

Page. 
Foote,  Nathaniel,  delegate,  Twenty-eighth  Senate  district,  Rochester, 

Monroe  county 14 

ballot,  denning  meaning  of  the  term,  relating  to,  presented  by. 

(See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

chairman  of  Committee  on  Revision  and  Engrossing 34 

civil  service,  petition  favoring,  presented  by.     (See  Petitions.) 
dams  and  reservoirs,  construction  of,  relating  to,  presented  by. 

(See  Overtures.) 
engrossing    to    be    done    in   typewriting,    resolution    relating    to, 

offered  by.    (See  Resolutions.) 

female  suffrage,  relating  to,  presented  by.    (See  Overtures.) 
free  common  schools,  to  amend  overture  relating  to,  motion  made 

by 711 

Indian  education,  petition  relating  to,  presented  by.     (See  Peti- 
tions.) 

member  of  Committee  on  Civil  Service 205 

member  of  Committee  on  Judiciary 30 

member  of  Committee  on  Privileges  and  Elections 26,    34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

primaries  and  elections,  corrupt  practices  at,  relating  to,  presented 

by.    (See  Overtures.) 
Revision  and  Engrossment,  Committee  on,  resolution  to  increase 

number  of,  offered  by.    (See  Resolutions.) 
sectarian    appropriations,    against,   petition    presented   by.    (See 

Petitions.) 

Forbes,  Francis,  delegate,  Eleventh  Senate  district,  New  York  city ....     13 
Apportionment,  Committee  on,    to   report   resolution,    relating   to, 

offered  by.    (See  Resolutions.) 
canals,  relating  to,  presented  by.    (See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of.  as 

delegate 12 

charities  and  corrections,  relating  to,  presented  by.     (See  Over- 
tures.) 

committee  meetings,  resolution  relating  to,  offered  by.    (See  Reso- 
lutions.) 

corporations,  relating  to,  presented  by.    (See  Overtures.) 
relating  to,  presented  by.    (See  Overtures.) 

excused  from  voting 583 

forest  preserve,  to  amend  overture  relating  to  the,  motion  made 

by 687 

'  member  of  Committee  on  Charities 33 

member  of  Committee  on  Corporations 32 

Niagara  river,  diversion  of  the  waters  of,  relating  to 568 

not  excused  from  voting  on  overture  relating  to  the  canal  debt 730 

oath  of  office  administered  to.  by  the  Secretary  of  State 10 


INDEX.  899 

Forbes,  Francis  —  (Continued):  Page. 

overtures  relating  to  coroner,  passage  of  bills,  and  official  succes- 
sion, to  print,  motion  made  by 402 

phraseology  of  the  present  Constitution,  adoption  of,  relating  to, 
resolution  offered  by.  (See  Resolutions.) 

previous  question  moved  by,  on  adverse  report  of  the  Committee 
on  Overture  relating  to  damage  for  loss  of  human  life 389 

State,  loaning  credit  of  the,  relating  to,  presented  by.  (See  Over- 
tures.) 

waters  of  the  State,  resolution  relating  to,  offered  by.  (See  Reso- 
lutions.) 

Forest  Preserve,  relating  to,  presented  by  the  Committee  on  Forest 

Preserves.     (See  Overtures.) 
Forests  and  water  sheds,  preservation  of,  resolution  relating  to,  offered 

by  Mr.  McClure.     (See  Resolutions.) 
Francis,  Charles  S.,  designated  as  Reporter 159 

Francis.  John  M.,  delegate-at-large,  Troy,  Rensselaer  county 11 

caucuses,  petition  relating  to,  presented  by 442,  473 

certificate  of  the  State  Board  of  Canvassers  to  election  of,   as 

delegate-at-large 11 

Chairman  of  Committee  on  Preamble 29 

convict  labor,  petition  against,  presented  by.     (See  Petitions.) 

member  of  Committee  on  Cities 31 

member  of  Committee  on  Civil  Service 205 

member  of  Committee  to  attend  the  funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

member  of  Committee  to  draft  resolutions  relating  to  death  of 

Hon.  W.  L.  Van  Denbergh 422 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

privileges  of    the  floor  granted    to    Major-General    Shetland,  on 

motion  made  by 699 

question   of  privilege   by,   relating   to  the   attack   made   by   the 

Albany  Argus  on 343 

religious    institutions,  inspection    of,  petition    for,  presented  by. 

(See  Petitions.) 

religious  liberty,  relating  to,  presented  by.    (See  Overtures.) 
reports  of   committees,  resolution    relating   to,  offered    by.     (See 

Resolutions.) 
sectarian   appropriations,    against,    petition    presented    by.      (See 

Petitions.) 
State  institutions,  petition  for  inspection  of,  presented  by 108 

Franchise,  right  of    Governor  to    restore,  relating  to,  presented    by 

Mr.  Emmet.    (See  Overtures.) 

right  of,  relating  to,  presented  by  Mr.  Emmet.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Banks.    (See  Overtures.) 
Frank,  Andrew,  delegate,  Fourth    Senate    district,    Brooklyn,  Kings 

county 12 


900  INDEX. 

Frank,  Andrew  —  (Continued):  Page. 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

committee  meetings,  relating  to,  resolution  offered  by 188 

member  of  Committee  on  Constitutional  Amendments 34 

member  of  Committee  on  State's  Prisons  and  Penitentiaries 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

privileges  of  the  floor  extended  to  Hon.  J.  Benjamin,  on  motion 

made  by 521 

State  officers,  election  of,  relating  to,  presented  by.     (See  Over-  . 
tures.) 

Frank,  Augustus,  delegate-at-large,  Wai-saw,  Wyoming  county 11 

certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate-at-large 11 

Chairman  of  Committee  on  Banking  and  Insurance 33 

civil  damage,  memorial  relating  to,  presented  by 442 

member  of  Committee  on  Preamble 29 

member  of  Committee  to  attend  the  funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Fraser,    Frederick,    delegate,    Twenty-first    Senate    district,    Salem, 

Washington  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  Canals 31 

member  of  Committee  on  Education 33 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Free  passes,  communication  relating  to,  presented  by  Mr.  President 

(Choate) '. 369 

Fuller,  Charles  A.,  delegate,  Twenty-fifth  Senate  district,  Sherburne, 

Chenango  county.  .  . 14 

bills,  private  and  local,  relating  to,  presented  by.    (See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  election  of,   as 

delegate 12 

female  suffrage,  petition  favoring,  presented  by 82 

member  of  Committee  on  Corporations 32 

member  of    Committee  on    County,  Town    and  Village    Govern- 
ment      32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

sectarian  appropriations,  against,  petition  presented  by.    (See  Peti- 
tions.) 

State  of  New  York,  an  inseparable  part  of  the  Federal  Union, 
declaring,  presented  by.     (See  Overtures.) 

Fuller,  Oscar  A.,  delegate,  Thirty-second  Senate  district,  Wellsville, 

Allegany  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 
delegate 


INDEX.  901 

Fuller,  Oscar  A.— (Continued):  Page, 

excused  from  voting  on  report  of  Committee  on  Female  Suffrage,  450 

member  of  Committee  on  Governor  and  State  officers 30 

member  of  Committee  on  State  Finances  and  Taxation 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

taxation,  relating  to,  presented  by.     (See  Overtures.) 

Fuller,  R.  H.,  designated  as  Reporter 114 

G. 

Galinger,  Solomon,  delegate,  Third  Senate  district,  Brooklyn,   Kings 

county 12 

announcement  of  being  paired  with  Mr.  Holcomb 545 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  Banking  and  Insurance 30 

member  of  Committee  on  Military 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Gambling,  relating  to,  presented  by  the  Committee  on  Preamble  and 
Bill  of  Rights.  (See  Overtures.) 

Giegerich,   Leonard  A.,    delegate,   Eighth   Senate   district,   New  York 

city 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

dissented  from  report  of  Committee  on  Apportionment  of  Senate 

and  Assembly  Districts 504 

excused  from  voting  on  overture  relating  to  the  Judiciary 655 

Judiciary  Committee,  on  report  of,  on  overture  relating  to  Judg- 
ments on  Appeal,  motion  made  by 340 

on  report  of,  on  overture  relating  to  Presidential   Electors, 

motion  made  by 341 

member  of  Committee  on  Charities 33 

member  of  Committee  on  Legislative  Organization 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 28 

privileges  of  the  floor  extended  to  Hon.  John  J.  Blair,  on  motion 

made  by 487 

seat  contested  by  Charles  L.  Hallerstadt.    (See  Seats  Contested.) 

Gersdorff,  C.  A.  de,  appointed  President's  Clerk 28 

Getter,  H.  G.,  appointed  Clerk 28 

Gibney,  John,  delegate,  Fifteenth  Senate  district,  Sing  Sing,  West- 
chester  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 
delegate 12 

county  and  town  officers,  overture  relating  to  compensation  of, 
motion  relating  to  made  by 415 

member  of  Committee  on  Military 33 


902  INDEX. 

Gibney,  John  — (Continued):  Page. 

member  of  Committee  on  Privileges  and  Elections 26,    34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

sectarian    appropriations,    against,    petition    presented    by.     (See 

Petitions.) 
strikes  and  lockouts,  arbitration  in,  relating  to,  presented  by.    (See 

Overtures.) 
Supervisors,   boards  of,   to   fix  compensation   of   certain   officers, 

relating  to,  presented  by.     (See  Overtures.) 
taxation,  local,  relating  to,  presented  by.     (See  Overtures.) 

Gilbert,  John  I.,  delegate-at-large,  Malone,  Franklin  county 11 

arbitration,  board  of,  to  provide  for,   relating  to,  presented  by. 

(See  Overtures.) 
certificate  of    the  State  Board  of    Canvassers  to  election    of,  as 

delegate-at-large 11 

Chairman  of  Committee   on   Civil   Service 205 

Chairman  of  Committee  on  Industrial  Interests 33 

charities,  to  amend  overture  relating  to,  motion  made  by 703 

civil  service,  for  special  committee  on,  resolution  offered  by.    (See 

Resolutions.) 

special  committee  on,  to  add  an  additional  member  to,  resolu- 
tion offered  by.     (See  Resolutions.) 

excused  from  voting  on  motion  to  adjourn 507 

express  and  mail  matter,  resolution  relating  to,  offered  by 84, 115 

female  suffrage,   petition  favoring,   presented  by 119 

Legislature,   when  to   convene,   relating  to,   presented   by.     (See 

Overtures.) 

member  of  Committee  on  Judiciary 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

privileges  of  the  floor    extended  to    State    Senator    Kilburn,  on 

motion   made   by 636 

rules,  motion  to  amend  the,  made  by 103,  104 

university  convocation,  to  attend,  motion  made  by 299 

voters,  qualification  of,  relating  to,  presented  by.     (See  Overtures.) 

Gilleran,  Thomas,  delegate,  Thirteenth  Senate  district,  New  York  city,     13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  favoring,  petition  presented  by.    (See  Petitions.) 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  on  Education 33 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

school  funds,  relating  to,  presented  by.     (See  Overtures.) 

Goeller,  Charles,  delegate,  Ninth  Senate  district,  New  York  city 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate , 12 

member  of  Committee  on  Industrial  Interests 34 

member  of  Committee  on   Military 33 


INDEX.  903 

Goeller,  Charles  —  (Continued)  :  Page. 

oath  of  office  administered  to,  by  the  Secretary  of  State  ..........     10 

real    estate,  innocent    purchasers  of,  relating    to,  presented  by. 

(See  Overtures.) 
sessions  of  the  Convention,  resolution  relating  to,  offered  by.     (See 

Resolutions.) 

Gompers,  petition  of,  claiming  seat  of  Joseph  Koch  ..................  658 

Goodelle,  William  P.,  delegate-at-large,  Syracuse,  Onondaga  county..     11 
adjournment   to    July    9th,  relating   to,    motion    made    by.    (See 

Resolutions.) 
certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate-at-large  ..............................................     11 

chairman  of  Committee  on  Suffrage  .............................     30 

charitable  institutions,  sailors  in,  for  right  to  vote,  petition  pre- 

sented by  ....................................................     298 

civil  service,  petition  favoring,  presented  by.    (See  Petitions.) 
Convention,  meetings  of,  resolution  relating  to,  offered^  by.     (See 

Resolutions.) 
criminal  prosecutions,  defendants  in,   relating  to,  presented  by. 

(See  Overtures.) 
Dewey,  Melville,  resolution  of  thanks  to,  offered  by  ..............  848 

elections,  overture  relating  to,  motion  made  by.    (See  Overtures.) 
female  suffrage,  against,  petition  presented  by  (by  request).    (See 

Petitions.) 

female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 
female  suffrage  overture  (Int.  No.  194),  relating  to,  to  make  report 

of  Committee  on,  a  special  order,  motion  made  by  .........  403,  433 

female  suffrage  overture  (Int.  No.  232),  relating  to,  to  lay  report 

of  Committee  on,  on  the  table,  motion  made  by  ..................  403 

jury  trials  by,  relating  to,  presented  by.    (See  Overtures.) 
Legislature,   qualification  of  members  of  the,   relating  to,   pre- 

sented by.    (See  Overtures.) 
member  of  Committee  on  Legislative  Powers  ....................     29 

motion  made  by,  to  lay  resolution  of  Mr.  Tekulsky  to  adjourn,  on 

the  table  ......................................................     60 

nomination  of  Thomas  G.  Alvord,  as  First  Vice-President,  made 

by  .............  .  ..............................................     19 

oath  of  office  administered  to,  by  the  Secretary  of  State  ...........     10 

oaths  of  officers,  report  of  Committee  on  Overture  relating  to, 

motion  made  by  ...................  ............................  244 

office,  eligibility  to,  relating  to,  presented  by.    (See  Overtures.) 

qualifications  for,  relating  to,  presented  by.    (See  Overtures.) 
quorum,  question  of  the  presence  of  a,  raised  by  .................  601 

report  of  Judiciary  on   certain  overtures  relating  to  Jurors,   to 

recommit  to  be  reported  separately,  motion  made  by  ............  350 

rules,  relating  to,  motion  made  by  ................................  102 

Seacord,  Edward    M.,   resolution    relating    to    compensation    of, 

offered  by.    (See  Resolutions.) 


offered 


904  INDEX. 

Goodelle,  William  P.— (Continued):  Page. 

State  and  city  employes,  relating  to,  petition  presented  by.  (See 
Petitions.) 

suffrage,  adverse  report  of  Committee  on,  relating  to,  motion  made 
by,  on  resolution  of  Mr.  Lincoln 258,  294 

voters,  qualification  of,  relating  to,  presented  by.  (See  Over- 
tures.) 

Government,  relating  to,  by  Mr.  Roche.    (See  Overtures.) 

Governor  and  Lieutenant-Governor,  election  of,  relating  to,  presented 

by  Mr.  Durfee.    (See  Overtures.) 
term  of,  relating  to,  presented  by  Mr.  Mantanye.    (See  Overtures.) 

Governor,  election  of,  and  appointment  of  certain  State  officers,  relat- 
ing to,  presented  by  Mr.  Moore.    (See  Overtures.) 

powers  and  duties  of,  relating  to,  presented  by  Mr.  Lauterbach. 

(See  Overtures.) 

relating  to  the,  by  Mr.  McMillan.    (See  Overtures.) 
term  and  time  of  election  of,  to  change,  relating  to,  presented  by 

Mr.  Holls.    (See  Overtures.) 

Graham,  George  E.,  designated  as  reporter 114 

Green,  Andrew  H.,  delegate,  Thirteenth  Senate  district,  New  York 

city 13 

aged,  State  Insurance  Fund  for  the,  relating  to,  presented  by.    (See 

Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Corporation  Counsel,  election  of,  relating  to,  presented  by.     (See 

Overtures.) 

drains  and  ditches,  to  amend  overture  relating  to,  motion  made  by,  745 
inheritance    tax,    Comptroller   to    report   relating    to,    resolution 

offered  by.    (See  Resolutions.) 

Journal,  to  correct,  motion  made  by 487 

judicial  officers,  forbidden  practicing  law,  relating  to,  presented 

by.    (See  Overtures.) 

Judiciary,  overture  relating  to,  motion  made  by,  on 633 

overture  relating  to,  to  amend,  motion  made  by 644,  645 

land  titles,  resolution  offered  by,  to  report  relative  to  improving 

methods  for  dealing  with.    (See  Resolutions.) 
Loan  Commissioner,  to  abolish,  relating  to,  presented  by.     (See 

Overtures.) 

member  of  Committee  on  Cities 31 

member  of  Committee  on  Land  Titles 192 

member  of  Committee  on  Preamble 29 

member  of  Committee  to  attend  the  funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

Niagara  river,  diversion  of  the  waters  of,  relating  to 567 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 


INDEX.  905 

Green,  Andrew  II. —  (Continued):  Page. 

State,  city,  county,  town  or  village,  moneys  collected  for,  relating 

to,  presented  by.    (See  Overtures.) 

street  and  elevated  railroads,  Railroad  Commissioners  to  report 
on  capital  stock,  etc.,  of,  resolution  offered  by.    (See  Resolutions.) 
street  and  elevated  railroads,  relating  to.    (See  Resolutions.) 
•street  railroads,  relating  to,  resolution  offered  by.     (See  Resolu- 
tions.) 

vote  received  by,  for  Second  Vice-President 20 

votes  received  by,  for  President  of  the  Convention 15 

waters  of  upper  Niagara  river,  diversion  of,  resolution  relating  to, 
offered  by.    (See  Resolutions.) 

Green,  Joseph  I.,  delegate,  Thirteenth  Senate  district,  New  York  city. .     13 
capital  punishment,  abolition  of,  relating  to.    (See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

counsel,  right  of,  relating  to,  presented  by.    (See  Overtures.) 
criminals  indicted,   awaiting  trial,   District  Attorneys  to   report, 

resolution  offered  by.    (See  Resolutions.) 

delegates  desiring  leave  of  absence,  resolution  relating  to,  offered 
by.    (See  Resolutions.) 

dissented  from  the  report  of  the  Printing  Committee 656 

Judiciary  Committee,  report  of,  on  overtures  relating  to  trials  by 

jury,  motion  made  by 339 

on  report  of,  on  overture  relating  to  capital  punishment,  motion 

made  by , , 340 

on  report  of,  on  overture  relating  to,  right  to  have  counsel, 

motion  made  by 341 

juror,  death  or  disability  of,  case  of  procedure  in,  relating  to,  pre- 
sented by.    (See  Overtures.) 

member  of  Committee  on  Contingent  Expenses 35 

member  of  Committe  on  Indians 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Griffin,  John  W.,  designated  as  reporter 114 

Griswold,   John  A.,   delegate,    Seventeenth   Senate   district,    Catskill, 

Greene  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  petition  favoring,  presented  by 82 

judges  and  members  of  the  Legislature,  gifts  by  corporations  to, 
relating  to,  presented  by.    (See  Overtures.) 

Judiciary,  overture  relating  to,  motion  made  by,  on 633 

member  of  Committee  on  Constitutional  Amendments 34 

member  of  Committee  on  Rules 23,    35 

motion  made  by,  to  amend  resolution  of  Mr.  Kellogg,  relating  to 

exempt  property 61 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 


906  INDEX. 

Griswold,  John  A. —  (Continued) :  Page. 

railroads,  relating  to,  presented  by.    (See  Overtures.) 

Trapper,  contested  seat  case,  evidence  in,  resolution  relating  to, 

presented  by 245 

vote  received  by,  for  Second  Vice-President 20 

Guernsey,  J.  J.,  appointed  Page 29 

Gueron,  John,  appointed  Page 29 

Gull,  Christian  F.,  petition  of,  contesting  the  seat  held  by  Mr.  John 
,  G.  Schumaker.    (See  Seats  Contested.) 21 

Hallerstadt,  Charles  L.,  petition  of,  contesting  seat  held  by  Leonard 
Giegerich.    (See  Seats  Contested.) 

Hamlin,   Frank   EL,   delegate,   Twenty-sixth    Senate   district,    Canan- 

daigua,  Ontario  county 14 

banking  corporations,  relating  to,  to  print  extra  copies  of,  resolu- 
tion offered  by 254 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate .' 12 

chairman  of  Committee  on  Printing 34 

civil  service,  relating  to,  petition  presented  by.    (See  Petitions.) 
County  Courts,  resolution,  regarding  costs  of    terms  of,    motion 

relating  to,  made  by • 121 

daily  reports,  publication  of,  motion  to  amend  resolution  relating 

to,  made  by 132 

female  suffrage,  against,  petition  presented  by.     (See  Petitions.) 

female  suffrage,  petition  favoring,  presented  by 119 

judiciary  article,  to  print  extra  copies  of,  resolution  offered  by. 

(See  Resolutions) 471 

member  of  Committee  on  Governor  and  State  Officers 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures,  certain,  to  print  extra  copies  of,  resolution  offered  by. 

(See  Resolutions). 275 

previous  question,  moved  by,  on  motion  of  Mr.  Goodell,  on  report 

of  Judiciary  Committee  on  Overtures  relating  to  jurors 350 

Printing,  report  of  Committee  on,  motion  relating  to,  made  by ....  252 
Printing,  report  of  Committee  on,  to  postpone  consideration  of, 

motion  made  by.    (See  Printing,  report  of  Committee  on.) 
report  of  the  Printing  Committee,  to  amend,  motion  made  by....  291 
witnesses,  detention  of,  relating  to,  presented  by.    (See  Overtures.) 

H. 

Hastings,  Hugh,  designated  as  reporter 115 

Hawley,  Charles  A.,  delegate,  Twenty-seventh  Senate  district,  Seneca 

Falls,   Seneca  county 14 

banks,  relating  to,  presented  by.    (See  Overtures.) 


INDEX.  907 

Hawley,  Charles  A.— (Continued):  Page. 

bills,  houses  in  which  they  may  originate,  relating  to,  presented 
by.    (See  Overtures.) 
local  or  private,  advertising,  relating  to,  presented  by.     (See 

Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

chairman  of  Committee  on  Corporations 32 

chairman  of  committees,  to  report  on    state  of    business    before 

them,  motion  made  by '. 447 

Constitution,  subdivisions  of  the,  to  maintain,  resolutions  relating 

to,  offered  by.     (See  Resolutions.) 

corporations,  creation  of,  by  special  act,  relating  to,  presented  by. 
(See  Overtures.) 

relating  to,  presented  by.     (See  Overtures.) 
to  strike  out  article  8,  relating  to,  presented  by.     (See  Over- 
tures.) 
Courts  of  Sessions,  relating  to,  presented  by.     (See  Overtures.) 

female  suffrage,  petition  favoring,  presented  by 118 

Justice  of  the  Peace,  relating  to,  presented  by.     (See  Overtures.) 
laws,  codification  of,  relating  to,  presented  by.     (See  Overtures.) 
legislative  powers   and   duties,   relating  to,   presented   by.     (See 
Overtures.) 

member  of  Committee  on  Revision  and  Engrossing 34 

member  of  Committee  to  Draft  Resolutions  Relating  to  the  Death 

of  Hon.  W.  L.  Van  Denbergh 422 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

pardoning  power,  relating  to,  presented  by.    (See  Overtures.) 

report  of  the  Printing  Committee,  previous  question  moved  by,  on,  293 

Haybyrne,  P.  J.,  appointed  Messenger 29 

Hecker,  Joseph  C.,  delegate,  Fourth  Senate  district,  Brooklyn,  Kings 

county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  County,  Town  and  Village  Officers •  32 

member  of  Committee  on  Industrial  Interests 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Hedges,  Ira  M.,  delegate,  Sixteenth  Senate  district,  Haverstraw,  Rock- 
land  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Chairman  of   Committee  on   Military 33 

Convention,  relating  to  sessions  of,  resolution  offered  by 685 

documents  to  be  forwarded  to  the  members,  motion  made  by 827 

female  suffrage,  petition  favoring,  presented  by 107,  118 

member  of  Committee  on  Civil  Service 205 

member  of  Committee  on  Governor  and  State  Officers. .  30 


908  INDEX. 

Hedges,  Ira  M. —  (Continued):  Page. 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

officers,  public,  method  of  electing,  relating  to,  presented  by.    (See 

Overtures.) 
religious  institutions,  for  inspection  of,  petition  presented  by.    (See 

Petitions.) 
sectarian   appropriations,   against,  petition  presented    by.      (See 

Petitions.) 

Henkel,  William,  appointed  Doorkeeper 28 

Herzberg,  Aaron,  delegate,  Ninth  Senate  district,  New  York  city 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Constitutional  Conventions,  relating  to,  presented  by.    (See  Over- 
tures.) 

member  of  Committee  on  County,  Town  and  Village  Government . .  32 

member  of  Committee  on  Railroads,  etc 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Hill,   Henry  W.,  delegate,  Thirty-first  Senate  district,   Buffalo,   Erie 

county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

city  charters,  relating  to,  presented  by.    (See  Overtures.) 
civil  service,  petition  favoring,  presented  by.     (See  Petitions.) 
Close,  Mr.,  extending  privileges  of  the  floor  to,  motion  made  by..  358 
contested  seats  in  Thirtieth  district,  printing  of  the  argument  of 

counsel  in,  motion  made  by  to  amend  resolution  relating  to 160 

document  room  to  be  kept  open,  motion  made  by 827 

elections,  manner  of,  relating  to,  presented  by.    (See  Overtures.) 

female  suffrage,  petition  favoring,  presented  by 118 

Legislature,  eligibility  of  persons  for  election  to  the,  relating  to, 

presented  by.    (See  Overtures.) 
eligibility  to  the,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  Civil  Service 205 

*  member  of  Committee  on  Education 33 

member  of  Committee  on  Suffrage 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

public  school  system,  from  politics,  to  divorce,  petition  relating  to, 

presented  by 344 

sectarian    appropriations,   against,  petition    presented    by.     (See 

Petitions.) 
Stenographer,  compensation  of,  resolution  relating  to,  offered  by. 

(See  Resolutions.) 
University  Convocation,  invitation  to  attend  the,  presented  by 299 

Hirschberg,  Michael  H.,  delegate-at-large,  Newburgh,  Orange  county..     11 
certificate  of  the  State   Board   of   Canvassers   to   election   of,    as 
delegate-at-large 11 


INDEX.  909 

Hirschberg,  Michael  H. —  (Continued) :  Page. 

Chairman  of  Committee  on  Privileges  and  Elections 26,     34 

church  property,  for  taxation  of,  petition  presented  by 262 

civil  service,  favoring,  petition  presented  by.    (See  Petitions.) 

committees,  business  before,  relating  to 438 

committees,  clerks  of,  relating  to,  motion  made  by 689 

education,  funds  devoted  to,  resolution  relating  to,  motion  made  by,  119 

judiciary,  overture  relating  to  the,  motion  made  by 632 

member  of  Committee  on  Education ; 33 

member  of  Committee  to  Prepare  an  Address  to  the  People 772 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Printing,    report   of   Committee   on,   division   of   question   called 

for  by 215 

Printing,  Committee  on,  report  of,  motion  made  by,  relating  to 185 

privileges  of  the  floor  granted  to  Messrs.  Riggs,  Mullen,  Curran, 

Roderick  and  Fitzgerald,  on  motion  made  by 414 

resolution  offered  by,  for  appointment  of  Committee  on  Privileges 

and  Elections 22 

rules,  relating  to,  motion  made  by 195 

rules,  to  amend 126,  129 

seat    contested    (Sixth    district),    relating    to,    previous    question 

moved  by.     (See  Seats  Contested.) 
Seat  contested  (Sixth  district),  report  of  Committee  on,  to  make  a 

special  order,  motion  made  by.    (See  Seats  Contested.) 
Sixth  Senatorial  district,  seat  contested  case,  to  print  evidence  in, 

resolution  offered  by.    (See  Seats  Contested.) 

Holcomb,  Wright,  delegate,  Seventh  Senate  district,  New  York  city..     12 
appeal  from  the  decision  of  the  Chair,  laid  on  the  table  on  motion 

made  by 505 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

incorporated    companies,    minority    representation    in    board    of 

directors  of,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  Railroads,  etc 31 

member  of  Committee  on  Revision  and  Engrossing 34 

motion  made  by,  to  amend  resolution  of  Mr.  Kellogg,  relating  to 

exempt  property 61 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

officers,  choice  of  the  appointment  of,  presented  by  Mr.  Holcomb. 

(See  Overtures.) 
privileges  of  the  floor  extended  to  Hon.  John  Connolly,  on  motion 

made  by 506 

privileges  of  the  floor  extended  to  Hon.  A.  F.  Dockerty,  on  motion 

made  by 608 

privileges  of    the    floor   extended    to  J.  A.  McKenna,  on  motion 

made  by 387 

roll  call,  reading  of  the  names  on  each,  relating  to 593 

rules,  to  amend,  motion  made  by 105 


910  INDEX. 

Holcomb,  Wright. —  (Continued):  Page. 

voters,  registration  of,  to    amend    overture    relating    to,  motion 

made  by 691 

votes  received  by,  for  President  of  the  Convention 15 

Holls,  Frederick  W.,  delegate-at-large,  Yonkers,  Westchester  county..     11 
certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate-at-large 11 

chairman  .of  Committee  on  Education 33 

cities,  to  lay  on  the  table  the  resolution  of  Mr.  Jenks,  for  a  special 

committee  relating  to,  motion  made  by.     (See  Vote.) 524 

city  elections  from  national  and  State,  to  divorce,  relating  to,  pre- 
sented by.    (See  Overtures.) 

civil  service  of  the  State,  relating  to,  presented  by.    (See  Over- 
tures.) 
Constitution,   engrossed    copy    of,   President    and    Secretary    to 

attest,  motion  made  by 828 

education,  resolution  for  Comptroller    to    furnish    statement    of 
income  from  funds  devoted  to,  offered  by.     (See  Resolutions.) 

female  suffrage,  petition  against,  presented  by 59 

free  common  schools,  overture  relating  to,  motion  made  by 623 

Governor,  changing  term  and  time    of    election    of,    relating    to, 
presented  by.    (See  Overtures.) 

Journal,  continuous  paging  of,  motion  made  by,  relating  to 84 

legislation,  improved  methods  of,  relating  to,  presented  by.    (See 
Overtures.) 

member  of  Committee  on  Cities 31 

militia,  relating  to,  presented  by.     (See  Overtures.) 

motion  to  refer  resolution  of  Mr.  H.  A.  Clark,  relating  to  sessions 

of  the  Convention,  made  by 46 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

privileges  of  floor  granted  to  Hon.  B.  F.  Tracy,  on  motion  made 

by 699 

Putnam  and  Sullivan,  claims  for  contesting  seat  expenses,  relat- 
ing to,  motion  made  by 358 

sectarian  appropriations,  petition  against,  presented  by 47 

sectarian  appropriations,   relating  to,   presented  by.     (See   Over- 
tures.) 

teller,  appointed  as 743 

voters,  registration    of,  relating    to,    presented    by.    (See    Over- 
tures.) 
voting,  relating  to,  presented  by.     (See  Overtures.) 

Home  rule  for    cities,  relating    to,  presented    by    Mr.  Tucker.    (See 
Overtures.) 

relating  to,  presented  by  Mr.  Turner.    (See  Overtures.) 
Hotchkiss,  Henry  D.,  delegate,  Ninth  Senate  district,  New  York  city,    12 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 
delegate 12 


INDEX.  911 

Hotcbkiss,  Henry  D. —  (Continued):  Page. 

civil  service,  overture  relating  to,  to  amend,  motion  made  by 741 

Draper,  Andrew  S.,  extending  privileges  of  floor  to,  on  motion 

made  by 358 

member  of  Committee  on  Cities 31 

member  of  Committee  on  Railroads,  etc 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

previous  question  moved  by,  on  report  of  Judiciary  committee  on 

overtures  relating  to  jurors 350 

teller,  appointed  as 697 

Hottenroth,  Adolph  C.,  Fifteenth  Senate  district,  New  York  city 13 

assessments  for  improvements,   relating  to,   presented  by.     (See 

Overtures.) 

canals,  cost  of  improvement  of  the,  resolution  relating  to,  pre- 
sented by.    (See  Resolutions.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

dower  and  courtesy,  abolishing,  relating  to,  presented  by.     (See 

Overtures.) 

drains  and  ditches,  to  amend  overture  relating  to,  motion  made  by,  746 
Legislature,  powers  of,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  Canals 31 

member  of  'Committee  on  Legislative  Powers 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

property  for  public  use,  taking,  relating  to,  presented  by.     (See 

Overtures.) 
property  for  public  use,  taking,  relating  to,  presented  by.     (See 

Overtures.) 

railroads,  resolution  relating  to,  presented  by.     (See  Resolutions.) 
railway  franchises,  relating  to,  presented  by.    (See  Overtures.) 

Hoy,  William  A.,  designated  as  reporter 114 

Human  life,  damages  for  loss  of,  relating  to,  presented  by  Mr.  Tucker. 
(See  Overtures.) 

Hurd,  Hon.  H.  J.,  privileges  of  the  floor  extended  to,  on  motion  of 

Mr.  Davis 608 

I. 

Impeachment,  relating  to,  presented  by  Mr.  Vedder.     (See  Overtures.) 

Incorporated  companies,  minority  representation  in  board  of  directors 
of,  relating  to,  presented  by  Mr.  Holcomb.  (See  Overtures.) 

Indians,  right  of,  to  buy  and  sell  lands,  relating  to,  presented  by 
Mr.  Floyd.  (See  Overtures.) 

Industries,  as  carried  on  within  city  limits,  petition  relating  to,  pre- 
sented by  Mr.  R.  M.  Johnston 399 

Inhabitants,  enumeration  of,  relating  to,  presented  by  Mr  Veeder. 
(See  Overtures.) 


912  INDEX. 

Page. 

Inhabitants,  enumeration  of,  relating  to,  presented  by   Mr.   Cookin- 
ham.    (See  Overtures.) 

Inheritance  tax,  relating  to,  resolution  offered  by  Mr.  A.  H.  Green. 
(See  Resolutions.) 

Insurance,   superintendent  of,   abolishing  office   of,   relating  to,   pre- 
sented by  Mr.  Bigelow.    (See  Overtures.) 

Intoxicating  liquors,  petition  against  the  sale  of.    (See  Petitions.) 

Intoxicating  liquors,  traffic  in,  to  restrict,  relating  to,  presented  by 
Mr.  McKinstry.     (See  Overtures.) 

J. 

Jacobs,  Stephen  B.,  delegate,  Third  Senate  district,  Brooklyn,  Kings 

county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 
delegate 12 

delegates  from  the  Sixth  Senatorial  district,  resolution  relating  to 
pay  of,  offered  by.    (See  Resolutions.) 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  on  State  Finances  and  Taxation 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

sectarian   appropriations,   against,   petition    presented   by.      (See 

Petitions.) 

Senators,  election  of,  etc.,  relating  to,  presented  by.     (See  Over- 
tures.) 


Jenks,  Almet  F.,  delegate,  Second  Senate  district,   Brooklyn,   Kings 

county 12 

apportionment,  on  overture  relating  to,  motion  made  by 671 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

cities,  for  Special  Committee  to  prepare  an  article  for  government 

of,  resolution  offered  by.    (See  Resolutions.) 
excused  from  voting  on  Trapper  and  Beckwith  contested  seat, 

cases 285 

Judiciary,  overture,  relating  to,  to  amend,  motion  made  by 644 

legislative  bodies,  local,  seats  in,  relating  to,  presented  by.     (See 

Overtures.) 

member  of  Committee  on  Governor  and  State  Officers 31 

member  of  Committee  on  Judiciary 30 

member  of  Committee  to  Prepare  an  Address  to  the  People 772 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

privileges  of  the  floor  extended  to  James  G.  Elaine,  on  motion 

made  by 636 

of  the  floor  extended  to  Hon.  M.  Ryan,  on  motion  made  by 608 

seat  contested  by  George  W.  Tompkins.    (See  Seats  Contested)...     21 
to  amend  motion  made  by  Mr.  Root.    (See  Vote) 836 


INDEX.  913 

Jenks,  Almet  F  —  (Continued):  Page. 

to  amend  overture  relating  to  suffrage,  motion  made  by 621 

vote,  inmates  of  Soldiers  and  Sailors'  Homes,  right  to,  presented 
by.    (See  Overtures.) 

Johnson,  Edward  M.,  appointed  as  Assistant  Secretary 26 

vote  of  thanks  to,  resolution  offered  by  Mr.  Blake 851 

Johnson,  I.  Sam,  delegate,  Twenty-ninth    Senate    district,    Warsaw, 

Wyoming  county 14 

assessment  and  taxation,  relating  to,  presented  by.     (See  Over- 
tures.) 

bribery  and  corruption,  relating  to.    (See  Overtures.) 
bribery  at  elections,  etc.,  relating  to,  presented  by.    (See  Overtures.) 
canals,  motion  to  print  reply  of  Superintendent  of  Public  Works, 
relating  to  cost  of  improvement  of  the,  made  by.     (See  Resolu- 
tions.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

clerks  of  committees,  relating  to  services  of,  motion  made  by 689 

Constitution,  proposed,  to  recommit  the,  for  amendment,  motion 

made  by.     (See  Vote) 825,  826 

Convention  proceedings,  contract  for  printing  of,  resolution  relat- 
ing to,  offered  by.    (See  Resolutions.) 

Election  Commission,  relating  to,  presented  by 84 

female  suffrage,  favoring,  petition  presented  by.    (See  Petitions.) 
home  rule  for  cities,  to  disagree  with  the  report  of  the  Committee 
of  the  Whole  on  the  overture  (Int.  No.  369),  relating  to,  offered 
by.    (See  Resolutions.)     (See  Vote.) 

Journal  of  the  Convention,  to  dispense  with  the  reading  of,  resolu- 
tion offered  by.     (See  Resolutions.) 

leaves  of  absence,  relating  to,  motion  made  by 552,  558 

member  of  Committee  on  Charities 33 

member  of  Committee  on  Railroads,  etc 31 

member  of  Committee  on  State  Finances  and  Taxation 30 

Niagara  river,  diversion  of  the  waters  of,  relating  to 568 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

oaths  of  office,  relating  to,  presented  by.     (See  Overtures.) 
overtures  being  placed  on  file,  resolution  relating  to,  offered  by . .  415 

overtures,  index  to,  resolution  relating  to,  offered  by 190 

overtures,   printing  of,   relating  to,   resolution  offered  by.     (See 

Resolutions.) 

printing,  prompt,  resolution  relating  to,  offered  by.     (See  Resolu- 
tions.) 
privileges  of  the  floor  extended  to  Hon.  R.  P.  Bush  and  Hon.  A. 

E.  Baxter,  on  motion  made  by 518 

public  funds,  relating  to,  presented  by.     (See  Overtures.) 

question  of  privilege,  stated  by 688 

Rule  21,  to  amend,  resolution  offered  by.    (See  Resolutions.) 
salt  lands,   relating  to.     (See  Resolutions.) 

i. 


914  INDEX. 

Johnson,  I.  Sam  —  (Continued):  Page. 

sessions  of  the  Convention,  resolution  relating  to,  offered  by.  (See 
Resolutions.) 

Sixth  Senatorial  district  seat  contested  cases,  relating  to,  previous 
question  moved  by.  (See  Seats  Contested.) 

trust  companies,  resolution  relating  to,  offered  by.  (See  Resolu- 
tions.) 

Johnson,  Jesse,  delegate-at-large,  Brooklyn,  Kings  county 11 

bills,  private  and  local,  relating  to,  presented  by.    (See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate-at-large 11 

chairman  of  Committee  on  Cities 31 

cities,  certain  officers  in,  appointment  of,  relating  to,  presented 
by.  (See  Overtures.) 

classification  of,  resolution  relating  to,  offered  by.    (See  Reso- 
lutions.) 

elections  in,  relating  to,  presented  by.    (See  Overtures.) 
Constitution,   propositions   to   amend  the,   resolution   offered   by, 

relating  to,  reference  of 21 

Coroner,  overture  to  abolish  office  of,  to  amend 590 

to  reconsider  the  vote  adopting  the  overture  relating  to,  motion 

made  by.    (See  Motions.) 
Debates,  etc.,  to  send  to  the  Kings  County  Law  Library,  motion 

made  by.    (See  Debates,  etc.) 
female  suffrage,  petition  against,  presented  by.     (See  Petitions.) 

member  of  Committee  on  Judiciary 30 

member  of  Committee  to  Assign  Committee  Rooms 35 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

property,  motion  made  by,  to  amend  resolution  of  Mr.  Kellogg    . 
relating  to  exempt 61 

Johnston,    Robert    M.,  delegate,    Fourth    Senate    district,  Brooklyn, 

Kings  county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

civil  service  reform,  resolution  relating  to,  presented  by.  (See 
Resolutions.) 

female  suffrage,  petition  favoring,  presented  by 60 

industries  carried  on  within  city  limits,  petition  relating  to,  pre- 
sented by 399 

Legislature,  members  of,  regulating  salary  of,  to  amend  article 

3,  relating  to,  presented  by.    (See  Overtures) 47 

member  of  Committee  on  Civil  Service 205 

member  of  Committee  on  Legislative  Powers 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

pardoning  power,  relating  to,  presented  by.     (See  Overtures.) 
Police  Justices  and  Justices  of  Inferior  Courts,  relating  to,  pre- 
sented by.     (See  Overtures.) 
tenure  of  office,  relating  to,  presented  by.    (See  Overtures.) 


INDEX.  915 

Page. 

Jones,  J.  W.,  appointed  Assistant  Librarian 28 

assigned  to  assist  the  Postmaster 47 

Journal,  for  continuous  paging  of,  motion  made  by  Mr.  Holls 84 

Judges  and  justices,  age  limit  of,  relating  to,  presented  by  Mr.  Dean. 
(See  Overtures.) 

Judges  and  members  of  the  Legislature,  gifts  by  corporations  to, 
relating  to,  presented  by  Mr.  Griswold.  (See  Overtures.) 

Judges,  compensation  of,  relating  to,  presented  bj  Mr.  C.  B. 
McLaughlin.  (See  Overtures.) 

Judges  of  the  Court  of  Appeals  and  Justices  of  the  Supreme  Court, 
amount  paid  to,  resolution  offered  by  Mr.  Van  Denbergh.  (See 
Resolutions.) 

Judges  of  the  Court  of  Appeals  and  Justices  of  the  Supreme  Court, 
term  and  age  of,  resolution  offered  by  Mr.  Van  Denburgh.  (See 
Resolutions.) 

Judges  of  the  Court  of  Appeals,  relating  to,  presented  by  Mr.  Marks. 
(See  Overtures.) 

Judges  of  the  Supreme  Court  and  City  Courts,  term  of  office  of,  relat- 
ing to,  presented  by  Mr.  Mantanye.  (See  Overtures.) 

Judges  over  seventy  years  of  age,  assignment  of,  relating  to,  pre- 
sented by  Mr.  Dickey.  (See  Overtures.) 

Judges  practicing  law,  relating  to,  presented  by  Mr.  McArthur.  (See 
Overtures.) 

Judges,  salaries  of,  relating  to.     (See  Resolutions.) 

Judgments  on  appeal,  etc.,  relating  to,  presented  by  Mr.  Lauterbach. 
(See  Overtures.) 

Judicial  district,  additional,  to  create,  relating  to,  presented  by 
Mr.  Dickey.  (See  Overtures.) 

Judicial  districts,  to  increase  number  of,  presented  by  Mr.  Dickey. 
(See  Overtures.) 

Judicial  officers,'  forbidding  from  practicing  law,  presented  by 
Mr.  A.  H.  Green.  (See  Overtures.) 

Judiciary  article,  relating  to,  presented  by  the  Judiciary  Committee. 
(See  Overtures.) 

Judiciary  article,  report  of  committee  on  (Overture,  Int.  No.  383),  to 

print  extra  copies  of,  motion  made  by  Mr.  Vedder 447,  449 

Judiciary,  compensation  of,  relating  to,  presented  by  Mr.  Lester.     (See 

Overtures.) 

relating  to,  presented  by  Mr.  Lauterbach.    (See  Overtures.) 
relating  to,  presented  by  Mr.  C.  B.  McLaughlin.     (See  Overtures.) 


916  INDEX. 

Judiciary  —  (Continued) :  Page, 

relating  to,  presented  by  Mr.  Marshall.     (See  Overtures.) 
relating  to,  presented  by  Mr.   Smith.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Titus.    (See  Overtures.) 

Juror,  death  or  disability  of  a,  relating  to,  presented  by  Mr.  J.  I. 
Green.  (See  Overtures.) 

Jurors,  additional,  relating  to,  presented  by  Mr.  Marks.  (See  Over- 
tures.) 

arrest  of,  relating  to,  presented  by  Mr.  Tucker.    (See  Overtures.) 

commissioners  of,  relating  to,  presented  by  the  Judiciary  Com- 
mittee. (See  Overtures.) 

commissioners  of,  to  appoint,  to  amend  article  3,  relating  to,  pre- 
sented by  Mr.  Becker.  (See  Overtures.) 

manner  of  selecting,  for  reform  in,  petition  presented  by  Mr.  Bige- 
low 352 

three-fourths  in  civil  actions,  to  render  verdict,  relating  to,  pre- 
sented by  Mr.  Platzek.  (See  Overtures.) 

to  be  six  in  number,  relating  to,  presented  by  Mr.  Dickey.  (See 
Overtures.) 

jury,  trials  by,  relating  to,  presented  by  Mr.  Goodelle.  (See  Over- 
tures.) 

Justices  of  lower  courts,  relating  to,  presented  by  Mr.  Roche.  (See 
Overtures.) 

Justices  of   the    Peace,    etc.,  election    of,  relating    to,  presented    by 

Mr.  Pratt  (by  request).    (See  Overtures.) 
relating  to,  by  Mr.  Carter.    (See  Overtures.) 
relating  to,  by  Mr.  Hawley.    (See  Overtures.) 

Justices  of  Sessions,  doing  away  with,  to  amend  section  15  of  arti- 
cle 6,  relating  to,  presented  by  Mr.  Dickey.  (See  Overtures.) 

Justices  of  the  Supreme  Court  and  Judges  of  the  Court  of  Appeals, 
official  term  of,  relating  to,  presented  by  Mr.  Moore.  (See  Over- 
tures.) 

Justices  of  the  Supreme  Court,  General  Term,  election  of,  relating  to, 

presented  by  Mr.  Moore.    (See  Overtures.) 

term  of,  relating  to,  presented  by  Mr.  Van  Denbergh.  (See  Over- 
tures.) 

K. 

Kellogg,  Abraham  L.,  delegate,  Twenty-third  Senate  district,  Oneonta, 
Otsego  county 

adjournment  to  July  ninth,  relating  to,  previous  question  moved 

by.    (See  Resolutions.) 

bills,  passage  of,  relating  to,  presented  by.    (See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 


INDEX.  917 

Kellogg,  Abraham  L.—  (Continued):  Page, 

charitable  institutions,  resolution  offered  by,  calling  upon  State 
Board  of  Charities  for  information  relating  to.  (See  Resolu- 
tions.) 

Cornell  University,  to  send  records  to,  motion  to  amend  resolu- 
tion relating  to,  made  by.     (See  Resolutions.) 
liability  of  employers  to  employes,  new  article,  relating  to,  pre- 
sented by.     (See  Overtures.) 

member  of  Committee  on  Charities 33 

member  of  Committee  on  State  Finances  and  Taxation 31 

motion  made  by,  to  lay  motion  of  Mr.  Roche,  relating  to  over- 
tures relating  to  the  canals,  on  the  table.  (See  Vote.) 511 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

pardons,  resolution  relating  to,  offered  by.     (See  Resolutions.) 

passes,  to  amend  overture  relating  to,  motion  made  by 615 

Printing,  report  of  Committee  on,  resolution  offered  by.  (See  Reso- 
lutions.) 

property,  assessment  of,  relating  to,  presented  by.  (See  Over- 
tures.) 

conveyances  of,  relating  to,  presented  by.    (See  Overtures.) 
exempt   from   taxation,   resolution   offered   by,    calling   upon 
Comptroller  for  information  relating  to.     (See  Resolutions.) 
Jurisdictional  defects  in  title   to,   relating  to,   presented   by. 

(See  Overtures.) 

taxable,  statement  of,  relating  to,  presented  by.     (See  Over- 
tures.) 
uniform  and  equal  taxation  of,  relating  to,  presented  by.     (See 

Overtures.) 
salt  lands,  Superintendent  of  Onondaga  Salt  Springs,  reply  to  a 

resolution,  to  print,  motion  made  by 391 

savings  banks,  resolution  relating  to,  offered  by.  (See  Resolu- 
tions.) 

unclaimed  deposits  in,  presented  by.     (See  Overtures.) 
unclaimed  deposits,  to  report  amount  of,  resolution  offered  by. 

(See  Resolutions.) 
seats,  motion  of,  to  lay  the  motion  of  Mr.  Powell  on  the  table, 

relating  to   drawing   of 23 

Supreme  Court,  powers  of  justices  of  the,  relating  to,  presented  by. 

(See  Overtures.) 

taxation,  new  article  relating  to  property  exempt  from,  presented 
by.  (See  Overtures.) 

Kerwin,   Dennis    P.,   delegate.   Nineteenth    Senate    district,   Albany, 

Albany  county 13 

call  of  the  house,  motion  for  a,  made  by 472 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

compiler  to  furnish  certain  information,  motion  made  by  for. .  57,  58 
Constitution,  revised,  to  amend  resolution  relating  to  submission 

of  to  the  people.     (See  Vote.) .  835 


918  INDEX. 

Kerwin,  Dennis  P.— (Continued):  Page. 

evening  sessions,  relating  to,  motion  made  by 390 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  on  Legislative  Powers 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures,  motion  to  amend  resolution  relating  to,  made  by.     (See 

Resolutions.) 
Printing  Committee,  report  of  the,  to  make  a  special  order,  motion 

made  by 286 

rules,  to  amend,  motion  made  by 116 

stenographer  to  furnish  copy  of  the  proceedings  to  the  printer 

daily,  offered  by.    (See  Resolutions.) 

Kinkel,   John   C.,    delegate,   Sixth    Senate   district,    Brooklyn,    Kings 

county 21 

expenses  in  contesting  seat  of  himself  and  others,  relating  to,  pre- 
sented by.    (See  Seats  Contested.) 
member  of  Committee  on  County,  Town  and  Village  Government, 

and  Select  Committee  on  Amendments 415 

oath  of  office  administered  to,  by  the  President 421 

seated  as  a  delegate 413 

seat  of  James  W.  Riggs,  contested  by.    (See  Seats  Contested.) 21 

Kilburn,  State  Senator,  privileges  of  the  floor  extended  to,  on  motion 

of  Mr.   Gilbert / 636 

Kimmey,    William,    delegate,    Nineteenth    Senate    district,    Albany, 

Albany  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  County,  Town  and  Village  Government,  31 

member  of  Committee  on  Legislative  Powers 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

teller,   appointed  as 708 

Koch,  Joseph,  delegate,  Ninth  Senate  district,  New  York  city.     (Did 

not  take  his  seat  in  the  Convention) 12 

member  of  Committee  on  Railroads,  etc 31 

member  of  Committee  on  State's  Prisons  and  Penitentiaries 32 

name  stricken  from  the  roll,  by  order  of  the  President 566,  578 

seat  claimed  by  Samuel  Gornpers '658 

Kurth,   Charles  J.,  delegate,   Sixth   Senate  district,  Brooklyn,   Kings 

county 21 

Debates  of  the  Convention,  resolution  relating  to,  offered  by.  (See 
Resolutions.) 

member  of  Committees  on  Revision  and  Engrossment  and  Indus- 
trial Interests 415 

oath  of  office  as  a  delegate  administered  to,  by  the  President 414 

Rochford,  Thomas,  relating  to,  resolution  offered  by.  (See  Resolu- 
tions.) 


•       INDEX.  919 

Kurth,  Charles  J.—  (Continued):  Page. 

seated  as  a  delegate  ..............................................  413 

seat  of  Thomas  W.  Fitzgerald  contested  by.     (See   Seats  Con- 
tested) ...................  '  ............  .  .........................    21 


Lands,  agricultural,  drainage  of,  relating  to,  presented  by  Mr.  Parker. 

(See  Overtures.) 
non-agricultural,  relating  to,  presented  by  Mr.  E.  R.  Brown.    (See 

Overtures.) 
transfer  of  titles  to,  relating  to,  presented  by  the  Special  Com- 

mittee on  Land  Titles.    (See  Overtures.) 
titles,  committee  on,  appointed  ...................................  192 

titles,  resolution  relating  to,  offered  by  Mr.  A.  H.   Green.    (See 

Resolutions.) 
under  water,  grants  of,  relating  to,  presented  by  Mr.  Becker.  (See 

Overtures.) 

Lauterbach,  Edward,  delegate-at-large,  New  York  city  ................     11 

apportionment,  relating  to,  presented  by.    (See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate-at-large  .....................................  .........     11 

chairman  of  Committee  on  Charities  ..............................     33 

Charities,  State  Board  of,  creating,  presented  by.    (See  Overtures.) 
cities,  charters  of,  etc.,  relating  to,  presented  by.    (See  Overtures.) 
County  Courts,  relating  to,  presented  by.    (See  Overtures.) 
excused  from  voting  on  report  of  Committee  on  Overture  Relating 

to  Taking  Private  Property  for  Public  Use  .....................  354 

female  suffrage,  petitions  favoring,  presented  by.    (See  Petitions.) 
Governor,  powers  and  duties  of,  relating  to,  presented  by.     (See 

Overtures.) 

judiciary,  relating  to,  presented  by.    (See  Overtures.) 
judgments  on  appeal,  etc.,  relating  to,  presented  by.    (See  Over- 

tures.) 
laws,  method  of  enactment  of,  by  the  Legislature,  presented  by. 

(See  Overtures.) 
member  of  Committee  on  Suffrage  ................................    30 

naturalized  citizens,  right  of  suffrage  by,  relating  to,  presented  by. 

(See  Overtures.) 
oath  of  office  administered  to,  by  the  Secretary  of  State  ..........     10 

oaths  of  officers,  relating  to,  presented  by.    (See  Overtures.) 
Presidential  Electors,  election  of,  relating  to,  presented  by.    (See 

Overtures.) 
sectarian  appropriations,  against,  petition    presented    by.      (See 

Petitions.) 
State  Engineer,  election  of,  relating  to,  presented  by.    (See  Over- 

tures.) 

suffrage,  relating  to,  presented  by.    (See  Overtures.) 
Surrogates'  Courts,  relating  to,  presented  by.     (See  Overtures.) 

59 


•*, 

920  INDEX. 

Page. 
Laws,  codification  of,  relating  to,  presented  by  Mr.  Hawley.     (See 

Overtures.) 
method  of  enactment  of,  relating  to,  presented  by   Mr.   Lauter- 

bach.    (See  Overtures.) 

passage  of,  relating  to,  presented  by  Mr.  McDonough.    (See  Over- 
tures.) 
Legislation  by  direct  vote,  relating  to,  presented  by  Mr.  Tucker.    (See 

Overtures.) 

Legislation,  improved  methods  of,  relating  to,  presented  by  Mr.  Holls. 
(See  Overtures.) 

Legislative  bills,  passage  of,   relating  to,   presented  by  Mr.   Roche. 
(See  Overtures.) 

Legislative  bodies,  local  seats  in,  relating  to,  presented  by  Mr.  Jenks. 
(See  Overtures.) 

Legislative  officers,  term  of,  relating  to,  presented  by  Mr.  Marks.    (See 
Overtures.) 

Legislative   organization     and    powers,    relating    to,    presented    by 
Mr.  Towns.    (See  Overtures.) 

Legislative  powers  and  duties,  relating  to,  presented  by  Mr.  Haw- 
ley.     (See  Overtures.) 

/ 

Legislature,    eligibility   of   persons    for   election   to,    relating   to,    by 

Mr.  Hill.    (See  Overtures.) 

eligibilty  to,  relating  to,  presented  by  Mr.  Hill.    (See  Overtures.) 
powers  of,  relating  to,  presented  by  Mr.  H.  A.  Clark.    (See  Over- 
tures.) 

power  of,  relating  to,  presented  by 'Mr.  Hottenroth.     (See  Over- 
tures.) 

powers  of,  relating  to,  presented  by  Mr.  Vedder.    (See  Overtures.) 
qualifications   of    members   of    the,    relating    to,   presented    by 

Mr.  Goodelle.    (See  Overtures.) 
salaries  of  members  of,  relating  to,  presented  by  Mr.  Johnston. 

(See  Overtures.) 

relating  to,  presented  by  Mr.  McMillan.    (See  Overtures.) 
when  it  shall  assemble,  relating  to,   presented  by   Mr.   Gilbert, 
(See  Overtures.) 

Lester,    Charles    C.,   delegate,   Twentieth    Senate    district,    Saratoga 

Springs,  Saratoga  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate '. 12 

elections  and  caucus  meetings,  petition  relating  to,  presented  by..  432 
female  suffrage,  petition  relating  to,  presented  by.    (See  Petitions.) 
judiciary,  compensation  of,  relating  to,  presented  by.    (See  Over- 
tures.) 

member  of  Committee  on  Corporations  in  place  of  Mr.  Van  Den- 
berg,  deceased 426 


INDEX.  921 

Lester,  Charles  C. —  (Continued):  Page. 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  on  Industrial  Interests 84 

member  of  Committee  on  Privileges  and  Elections 26,    34 

member  of  Committee  to  attend  the  funeral  of  Hon.  W.  L.  Van 

Denbergh. 423 

motion  made  by,  to  amend  resolution  offered  by  Mr.  Roche  relating 

to  funded  debts  of  cities  and  counties 57 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

officers  to  remain  after  the  adjournment  of  the  Convention,  reso- 
lution offered  by 847 

religious  institutions,  for  inspection  of,  petition  presented  by 186 

resolution  offered   by,   for  the  election  of  William  W.   Bennett 

as  Sergeant-at-arms 20 

Saratoga,  for  Convention  to  adjourn  to,  resolution  offered  by.    (See 
Resolutions.) 

teller,  appointed  as 827 

voting,  residence  for  purpose  of,  relating  to,  presented  by.    (See 
Overtures.) 

Lewis,  Ceylon  H.,  delegate,  Twenty-fourth  Senate  district,  Syracuse, 

Onondaga  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

chairman  of  Committee  on  Indians 34 

cities,  home  rule  in,  relating  to,  presented  by.    (See  Overtures.) 
civil  service  reform,  petition  relating    to,    presented    by.      (See 
Petitions.) 

female  suffrage,  petition  favoring,  presented  by 81 

member  of  Committee  on  Cities 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

rules,  Standing  Committees,  etc.,  to  print,  resolution  offered  by. 
(See  Resolutions.) 

Lewis,  Merton  E.,  delegate,  Twenty-eighth  Senate  district,  Rochester, 

Monroe  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

cities,  home  rule  for,  to  make  overture  relating  to,  a  special 

order,  motion  made  by 439 

to  amend  overture  relating  to,  motion  made  by 695 

member  of  Committee  on  Cities 31 

member  of  Committee  on  Banking  and  Insurance 33 

member  of  Committee  on  Industrial  Interests 33 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

paired  with  Mr.  G.  A.  Davis 564 

rules,  resolution  offered  by>  for  temporary  adoption  of  Assembly 

Rules.  (See  Rules) 22 

to  adjourn,  motion  made  by.  (See  Vote.) 


922  INDEX. 

Page. 

Liability  of  employers  to  employes,  relating  to,  presented  by  Mr.  Kel- 
logg.   (See  Overtures.) 

Lincoln,   Charles   Z.,   delegate,   Thirty-second    Senate   district,    Little 

Valley,  Cattaraugus  county 14 

adjournment  to  July  ninth,  relating  to,  motion  made  by.     (See 

Resolutions.) 

agricultural  land,  leases  of,  relating  to,  presented  by.    (See  Over- 
tures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Constitutional  Conventions,  to  be  judges  of  election  of  members  of, 

relating  to,  presented  by.    (See  Overtures.)   . 
copies  of  overtures  adopted,  to  send  copies  of,  to  the  newspapers, 

resolution  offered  by 688 

Court  of  Claims,  to  establish,  relating  to,  presented  by.  (See 
Overtures.) 

female  suffrage,  petition  favoring,  presented  by 59 

relating  to,  presented  by.    (See  Overtures.) 
intoxicating  liquors,  petition  against  traffic  in,  presented  by.    (See 

Petitions.), 
judiciary  article,  to  recommit,  for  amendment,  motion  made  by..  489 

member  of  Committee  on  Civil  Service 205 

member  of  Committee  on  Legislative  Organization 29 

member  of  Committee  on  Privileges  and  Elections 26,    34 

naturalizations  in  1893,  for  tabulation  of  information  received, 
relating  to.  (See  Resolutions.) 

number  of  persons,  relating  to,  resolution  offered  by.    (See 
Resolutions.) 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

population  by  counties,  to  print  copies  of  statement  of,  resolution 

offered  by.    (See  Resolutions.) 

resolution  offered  by,  for  election  of  Herbert  A.  Briggs  as  sten- 
ographer   20 

rules,  to  amend,  motion  made  by 105 

Senate  and  Assembly  districts,  relating  to  overture  (Int.  No.  376), 
for  reapportionment  of,  motion  made  by  and  previous  ques- 
tion moved.  (See  Vote.) 579,  582,  583 

suffrage,   granting    right    of,    to    aliens,   resolution    relating  to, 

offered  by.    (See  Resolutions.) 
;       voters,   educational  qualification  for,   relating  to,   presented  by. 

(See  Overtures.) 

voters,  qualification  of,  relating  to,  presented  by.    (See  Overtures.) 
voters,  registration  of,  relating  to,  presented  by.    (See  Overtures.) 
women  who  are  taxpayers,  voting  by,  relating  to,  presented  by. 
(See  Overtures.) 

Liquor  traffic,  for  taxation  of,  petition  presented  by  Mr.  President. 
(See  Petitions.) 


INDEX.  923 

Page. 

Loan  Commissioner,  to  abolish  office  of,  relating    to,    presented    by 
Mr.  A.  H.  Green.    (See  Overtures.) 

Local  and  private  bills,  relating  to,  presented  by  Mr.  Doty.    (See  Over- 
tures.) 

Laws,  local  and  private,  publication    of,  relating    to,  presented    by 
Mr.  Arnold.     (See  Overtures.) 

Local  option,  relating  to,  presented  by  Mr.  Titus.     (See  Overtures.) 

Local  or  private  bills,  relating  to  passage  of,  presented  by  Mr.  Roche. 
(See  Overtures.) 

Logan,  William,  appointed  Page 29 

Loomis,  F.  C.,  appointed  Messenger 28,  847 

Lotteries,  relating  to,  presented  by  Mr.  C.  H.  Truax.    (See  Overtures.) 

Low  lands,  drainage  of,  relating  to,  presented  by  Mr.  E.  R.  Brown. 
(See  Overtures.) 

Luther,  Edward  S.,  designated  as  reporter 240 

Lyon,  George  F.,  delegate,  Twenty-fifth  Senate  district,  Binghamton, 

Broome  county 14 

address  to  the  people,  for  printing  copies  of  the,  resolution  offered 

by 846 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

chairman  of  Committee  on  Contingent  Expenses 35 

inspection  of  institutions,  petition  for,  presented  by.    (See  Peti- 
tions.) 

member  of  Committee  on  Corporations 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

M. 

Manley,  Lucius  N.,  delegate,  First  Senate  district,  Long  Island  city, 

Queens  county 12 

cemetery  purposes,  land    for,    relating    to,    presented    by.    (See 

Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate .12 

Debates,  etc.,  to  send  to  the  Queens  County  Law  Library,  motion 

made  by.    (See  Debates,  etc.) 

member  of  Committee  on  Charities 33 

member  of  Committee  on  Governor  and  State  officers 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

privileges  of  the  floor    extended    to    Hon.  R.  C.  McCormick,  on 

motion  made  by 722 

teller,  appointed  as .  722 


924  INDEX. 

Page. 
Mantanye,  William  J.,  delegate,  Twenty-fifth  Senate  district,  Cortland, 

Cortland  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Coroner,  overture  relating  to,  motion  made  by 359,  401 

overture  to  abolish  office  of,  to  amend,  motion  made  by 589 

female  suffrage,  petition  favoring,  presented  by 82 

Governor  and  Lieutenant-Governor,  term  of,  relating  to,  presented 

by.    (See  Overtures.) 

Judges  of  the  Supreme  and  City  Courts,  term  of  office  of,  relating 
to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  on  Legislative  Powers 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Senators  and  Members  of  Assembly,  terms  of,  relating  to,  pre- 
sented by.    (See  Overtures.) 
Sheriff  and  other  county  officers,  election  and  tenure  of  office  of, 

relating  to,  presented  by.    (See  Overtures.) 

Supervisors,  boards  of,  relating  to,  presented  by.    (See  Overtures.) 
election  of,  relating  to,  presented  by.    (See  Overtures.) 

Map  of  Senate  and  Assembly  districts,  relating  to,  resolution  offered 
by  Mr.  Becker.    (See  Resolutions.) 

Marks,  Jacob,  delegate,  Twelfth  Senate  district,  New  York  city 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Committee  on  Rules  to  report  rule  limiting  debate,  relating  to, 

motion  made  by.    (See  Motions.) 
Court  of  Pardons,  providing  for,  relating  to,  presented  by.    (See 

Overtures.) 
drains  and  ditches,  to  amend  overture  relating  to,  motion  made 

by 747 

Judges  of  the  Court  of  Appeals,  relating  to,  presented  by.    (See 

Overtures.) 
Judiciary  Committee,  on  report  of,  on  overture  relating  to  taking 

private  property  for  public  use,  motion  made  by 340 

jurors,  additional,  drawing,  relating  to,  presented  by.    (See  Over- 
tures.) 

legislative  officers,  term  of,  relating  to,  presented  by.    (See  Over- 
•    tures.) 

member  of  Committee  on  Governor  and  State  Officers 30 

member  of  Committee  on  Printing 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

point  of  order  raised  by 105 

property,  private,  for  public  use,  taking,  motion  made  by,  to  lay 

report  of  the  committee  on  the  overture  relating  to,  on  the  table,  252 
for  public  use,  taking,  motion  made  by,  on  overture  relating 
to  .  ,  .  252 


INDEX.  925 

Marks,  Jacob  —  (Continued):  Page, 

for  public  use,  taking,  relating  to,  presented  by.    (See  Over- 
tures.) 
for  public  use,  taking,  resolution  relating  to  overture  relating 

to,  offered  by.    (See  Resolutions.) 

property,  private,  for  public  use,  taking,  relating  to,  presented  by. 
(See  Overtures.) 

rules,  relating  to,  motion  made  by 102,  105 

Senators  and  Members  of  Assembly,  salary  of,  relating  to,  pre- 
sented by.  (See  Overtures.) 

Marshall,  Louis,  delegate,  Twenty-fourth  Senate    district,    Syracuse, 

Onondaga  county 14 

banking  corporations,  liability  of  stockholders  in,  relating  to.  pre- 
sented by.    (See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

chairman  of  Committee  on  Constitutional  Amendments 34 

future  amendments,  overture  relating  to,  motion  made  by 397,  398 

judiciary,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  Judiciary 30 

member  of  Committee  to  examine  the  ballots  for  drawing  seats . .     24 
Niagara  river,  overture  relating  to  diversion  of  the  waters  of, 

motion  made  by,  on 656 

oathi  of  office  administered  to,  by'the  Secretary  of  State 10 

public  officers,  free  transportation  for,  relating  to,  presented  by. 

(See  Overtures.) 
sessions  of  the  Convention,  resolution  offered  by,  relating  to 28 

Mase,  Willard  H.,  delegate,  Sixteenth  Senate  district,  Matteawan, 
Dutchess  county.  (Died  before  the  assembling  of  the  Conven- 
tion)    12 

Mather,  Fred  G.,  designated  as  reporter 114 

Maybee,  Jacob  M.,  delegate,  Seventeenth  Senate  district,  Livingston 

Manor,   Sullivan  county 13 

adjournment  to  July  ninth,  relating  to,  motion  made  by.  (See 
Resolutions.) 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 
delegate 12 

commissioner  of  jurors,  to  reconsider  vote  relating  to,  overture 
relating  to,  motion  made  by 374 

County  Courts,  relating  to,  presented  by.    (See  Overtures.) 

Debates,  delay  in  printing,  resolution  offered  by.  (See  Resolu- 
tions.) 

elections,  relating  to,  to  go  into  Committee  of  the  Whole  on, 
motion  made  by.  (See  Overtures.) 

female  suffrage,  petition  favoring,  presented  by 108 

Manual  of  Convention,  to  table  resolution  of  Mr.  Cochran,  motion 
made  by 221 


926  INDEX. 

Maybee,  Jacob  M.— (Continued):  Page, 

member  of  Committee  on  County,  Town  and  Village  Government,    31 

member  of  Committee  on  Legislative  Powers 29 

Member  of  Committee  to  Prepare  an  Address  to  the  People 772 

motion  made  by,  to  amend  motion  of  Mr.  Davies,  for  Compiler  to 

report  expenses  incurred  by  him 58 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

paired  with  Mr.  Pool 564 

privileges  of  the    floor    extended    to  Hon.  George  M.  Beebe,  on 

motion  made  by 369 

sectarian    appropriations,    against,    petition    presented    by.     (See 

Petitions.) 
Surrogate,  making  office  of,  a  separate  office,  presented  by.    (See 

Overtures.) 
voters,  qualifications  of,  relating  to,  presented  by.    (See  Overtures.) 

Me  Arthur,  Thomas  W.,  delegate,  Twenty-first  Senate  district,  Glens 

Falls,  Warren  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

convict  labor,  against,  petition  presented  by.    (See  Petitions.) 
County  Courts,  relating  to,  presented  by.    (See  Overtures.) 

female  suffrage,  petition  favoring,  presented  by 108 

intoxicating  liquors,  petition  against  the  sale  of,   presented  by. 

(See  Petitions.) 
judges  practicing  law,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  Railroads,  etc 31 

member  of  Committee  on  State's  Prisons  and  Penitentiaries 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

McClure,  David,  delegate,  Twelfth  Senate  district,  New  York  city....     13 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 
delegate 12 

chairman  of  Special  Committee  on  Forests  and  Water-sheds 406 

daily  sessions  of  Convention,  hour  of  meeting,  relating  to,  motion 

made  by 46 

death  of  son  of,  resolution  relating  to,  offered  by  Mr.  Bowers ....  531 
division  of  question  relating  to  sessions  of  the  Convention,  called 

for,  by 46 

female  suffrage,  relative  to  debate  on  subject  of,  motion  made  by,  448 
forests  and  water-sheds,  preservation  of,  resolution  relating  to, 

offered  by.     (See  Resolutions.) 
Governor,  resolution  offered  by,  for  Convention,  in«a  body,  to  call 

on  the 23 

member  of  Committee  on  Railroads,  etc 31 

member  of  Committee  on  Rules 23 

member  of  Committee  on  Suffrage 30 

member  of  Committee  to  Examine  Ballots  for  Drawing  Seats 24 

members,   attendance,   resolution    offered    by,   relating    to.     (See 

Resolutions.) 


INDEX.  927 

McClure,  David  ~  (Continued) :                                                                  Page. 
motion  made  by,  to  lay  upon  the  table  the  resolution  of  Mr.  Mar- 
shall relating  to  sessions  of  the  Convention 28 

Niagara  river,  diversion  of  the  waters  of,  relating  to 566,  568,  569 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

previous  question  moved  by,  on  motion  of  Mr.  Floyd 686 

rules,  to  amend,  motion  made  by 116,  129 

Rules  26  and  27,  to  postpone  consideration  of,  motion  made  by. ...  112 
Trapper,  contested    seat    case,  evidence    in,  relating    to,  motion 

made  by 246 

vote  received  by,  for  President  of  the  Convention 16 

McCormick,  Hon.  R.  C.,  privileges  of  the  floor  extended  to,  on  motion 
of  Mr.  Manley 722 

McCurdy,  Delos,  delegate,  Tenth  Senate  district,  New  York  city 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  Civil  Service 205 

member  of  Committee  on  Corporations 32 

member  of  Committee  on  Governor  and  State  Officers 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

vote  received  by,  for  Second  Vice-President 20 

McDonough,  John  T.,  delegate-at-large,  Albany,  Albany  county 11 

call  of  the  house,  notice  that  he  would  move  a,  given  by 254 

canals,  transfer  of,  to  the  United  States,  relating  to,  presented  by. 

(See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  election  of,  as 

delegate-at-large 11 

chairman  of  Committee  on  State's  Prisons  and  Penitentiaries 32 

Commissioner  of  Jurors,  motion  made  by,  on  overture  relating  to,  374 

committees,  reports  of,  relating  to,  motion  made  by 380 

convict  labor,  against  employment  of,  petition  presented  by.    (See 

Petitions.) . 
Cornell  University,  to  send  records  to,  motion  to  amend  resolution 

relating  to,  made  by.     (See  Resolutions.) 

county  officers  to  receive  a  stated  compensation,  motion  made  by, 
to  amend  resolution  relating  to.     (See  Resolutions.) 

female  suffrage,   favoring,  petition  presented  by 268 

laws,  passage  of,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  Education 33 

motion  for  previous  question  on  question  relating  to  rules 80 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

paired  with  Mr.   R.  M.   Johnston 557 

previous  question  moved  by,  on  motion  of  Mr.  Kerwin 835,  836 

prisoners,  employment  of,  relating  to,  presented  by.    (See  Over- 
tures.) 

privileges  of  the  floor  extended    to    Hon.  Randolph  Tucker,  on 
motion  made  by 543 


928  INDEX. 

McDonough,  John  T. —  (Continued):  Page. 

religious   institutions,   inspection   of,   petition   for,   presented   by. 

(See  Petitions.) 
teller,  appointed  as 644,  657,  691,  694,  711,  714,  739,  754,  848 

McElroy,  John,  elected  Assistant  Sergeant-at-Arnis 21 

oath  of  office  administered  to 47 

McEntee,  Joseph  L.,  designated  as  reporter 414 

Mclntyre,  John  G.,  delegate,  Twenty-second  Senate  district,  Potsdam, 

St.  Lawrence  county 13 

appeal  from  the  decision  of  the  Chair,  taken  by 728 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

civil  service,  overture  relating  to,  to  amend,  motion  made  by 742 

female  suffrage,  favoring,  petition  presented  by.    (See  Petitions.) 
free    common    schools,  to    amend    overture    relating    to,  motion 

made  by 711 

member  of  Committee  on  Education 33 

member  of  Committee  on  Forests  and  Water-sheds 406 

member  of  Committee  on  Railroads,  etc 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Petitions.) 

point  of  order  raised  by 728 

sectarian    appropriations,    against,    petition    presented    by.     (See 
stockholders,  liability  of,  relating  to,  presented  by.    (See  Over- 
tures.) 

McKinstry,  Louis,  delegate,  Thirty-second  Senate  district,  Fredonia, 

Chautauqua  county 14 

canal,  Erie,  petition  relating  to  sale  or  enlargement  of,  presented 
by.    (See  Petitions.) 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 
delegate •. 12 

County  Treasurers,  relating  to,  presented  by.'    (See  Overtures.) 

defalcations  by  County  Treasurers,  resolution  relating  to,  offered 
by.    (See  Resolutions.) 

female  suffrage,  petition  favoring,  presented  by 60 

female  suffrage,  to  print  extra  copies  of  Debates  on  subject  of, 
resolution  offered  by.    (See  Resolutions.) 

Female  Suffrage,  overture,  report  of  Committee  on,  to  lay  on  the 
table 403 

intoxicating  liquors,  traffic  in,  to  restrict,  relating  to.    (See  Over- 
tures.) 

judiciary,  overture  relating  to,  motion  made  by,  on 633 

member  of  Committee  on  County,  Town  and  Village  Government. .     32 
!        member  of  Committee  on  Printing 34 

member  of  Select  Committee  Relating  to  the  Introduction  of  Over- 
tures.   (See  Rules.) 

oath  of  office  administered  to.  by  the  Secretary  of  State 


" 


INDEX.  929 

McKinstry,  Louis  —  (Continued) :  Page, 

public  officers,  compensation  of,  motion  to  reconsider  the  vote  on 

report  of  the  Committee  of  the  Whole  on  overture  relating  to, 

made  by 468 

session  of  the  Convention,  resolution  relating  to,  offered  by.    (See 

Resolutions.) 
suffrage  in  city,  town  and  village  elections,  to  extend  right  of, 

relating  to,  presented  by.    (See  Overtures.) 

McLaughlin,  Chester  B.,  delegate,  Twenty-first  Senate  district,  Port 

Henry,  Essex  county 13 

ayes  and  nays,  relating  to  taking  the,  resolution  offered  by.    (See 

Resolutions.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

chairman  of  Committee  on  County,  Town  and  Village  Government,    31 
Claims,  Board  of,  causes  tried  before,  resolution  relating  to,  offered 

by.     (See  Resolutions.) 

Court  of  Appeals  calendar,  resolution  relating  to,  offered  by.    (See 
Resolutions.) 

female  suffrage,  petition  favoring,  presented  by 107 

Judges,  compensation  of,  relating  to,  presented  by.     (See  Over- 
tures.) 4 
judiciary,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  Charities 33 

member  of  Committee  on  Forests  and  Water-sheds 406 

member  of  Committee  to  Prepare  an  Address  to  the  People 772 

naturalization,  on  overture  relating  to,  motion  made  by 610 

Niagara  river,  overture  relating  to  the  diversion  of  the  waters  of, 

motion  made  by.    (See  Vote) 657,  659 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures,  final  disposition  of,  resolution  relating  to,  offered  by ....  738 
public  officers,  motion  made  by,  to  discharge  committee  from  con- 
sideration of  overture  relating  to 132 

report  of  Committee  of  the  Whole,  resolution  relating  to,  offered 

by.    (See  Resolutions.) 

sectarian  appropriations,  against,  petition    presented    by.      (See 
Petitions.) 

McLaughlin,  James  W.,  delegate,  Tenth  Senate  district,  New  York 

city 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  State  Finances  and  Taxation 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

McLean,  Hugh  B.,  designated  as  reporter „ 114 

McMillan,  Daniel  H.,  delegate-at-large,  Buffalo,  Erie  county 11 

bills,  passage  of,  to  print  amendment  offered  to  overture  relating 

to,  resolution  offered  by.     (See  Resolutions.) 


930  INDEX. 

McMillan,  Daniel  H.— (Continued) :  Page, 

canals,  relating  to,  presented  by.     (See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  election  of,   as 

delegate-at-large 11 

chairman  of  Committee  on  Governor  and  State  Officers 30 

cities,  home  rule  for,  to  lay  motion  of  Mr.  Bowers  relating  to  over- 
ture for  on  the  table,  motion  made  by 383 

civil  service,  relating  to,  petition  presented  by.    (See  Petitions.) 
committee  rooms,  resolution  offered  by,  for  committee  to  assign . .     35 
Cornell  University,  to  send  records  to,  motion  to  table  resolution 

relating  to,  made  by.    (See  Resolutions.) 

decision  of  the  Chair  appealed  from  by 505 

education,  funds  devoted  to,  resolution  relating  to,  motion  made 

by  relating  to 119 

.    elections  and  land  titles,  to  lay  motion  of  Mr.  Goodelle  and  Mr.  A. 

H.  Green,  relating  to,  upon  the  table,  motion  made  by 334 

employes,  payment  of,  to  amend  resolution  relating  to,   motion 

made  by 766 

files  of  General  Orders  to  be  placed  on  member's  desks,  resolution 

offered  by.    (See  Resolutions.) 
Governor,  relating  to,  presented  by.    (See  Overtures.) 

Journal  on  the  files,  relating  to,  motion  made  by — 377 

Legislature,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  Judiciary 30 

member  of  Committee  on  Rules 35 

member  of  Committee  to  Prepare  an  Address  to  the  People 772 

Niagara  river,  relating  to  diverting  waters  of,  motion  made  by..  658 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures,  relating  to  sending  copies  of  all  to  the  law  libraries  of 

the  State,  offered  by.     (See  Resolutions) 62,    83 

rules,  to  amend,  motion  made  by 130 

sessions  of  Convention,  motion  to  amend  motion  of  Mr.  Cookinham 

relating  to,  made  by.    (See  Vote) 44 

State  and  city  employes,  relating  to,  petition  presented  by.     (See 

Petitions.) 

taxation,  relating  to,  presented  by.    (See  Overtures.) 
Trapper,  Herman  F.,  expense  account  of,  relating  to,  motion  made 

by 374 

Members,    attendance    of,    resolution    relating    to,    offered    by    Mr. 
McClure.    (See  Resolutions.) 

Members  for  non-attendance,  Committee  on  Rules  to  report  rule  fining, 
resolution  offered  by  Mr.  Becker.    (See  Resolutions.) 

Mereness,  Charles  S.,  delegate,  Twenty-third  Senate  district,  Lowville, 

Lewis  county 13 

apportionment,  on  overture  relating  to,  motion  made  by 671 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 
delegate 12 


INDEX.  931 

Mereness>  Charles  S.— (Continued):  Page. 

Constitutional  Conventions,  relating  to,  presented  by.    (See  Over- 
tures.) 
corporations,  relating  to,  presented  by.    (See  Overtures.) 

female  suffrage,  petition  favoring,  presented  by 118 

gambling,  to  lay  on  the  table  the  motion  of  Mr.  Veeder,  relating 

to  overture,  to  suppress.    (See  Vote) 513 

member  of  Committee  on  County,  Town  and  Village  Government. .     32 

member  of  Committee  on  Forests  and  Water-sheds 406 

member  of  Committee  on  Governor  and  State  Officers. 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

phraseology  of  the  present  Constitution,  adoption  of,  motion  made 

by  on,  resolution  relating  to 311 

previous  question,  on  seat  contested  cases,  moved  by 232 

public  officers,  compensation  of,  relating  to,  presented  by.    (See 

Overtures.) 

villages,  incorporation  of,  relating  to,  presented  by.     (See  Over- 
tures.) 

Merritt,  Hon.  E.  A.,  privileges  of  the  floor  extended  to,  on  motion  of 

Mr.  Schumaker  .  . 636 

Meyenborg,  John  B.,  delegate,  Second  Senate  district,  Brooklyn,  Kings 

county 12 

certificate  of  the  State  Board:  of  Canvassers  to  the  election  of,  as 

delegate 12 

excused  from  voting  on  Trapper  and  Beckwith  contested  seat 

cases 285 

member  of  Committee  on  Constitutional  Amendments 34 

member  of  Committee  on  State's  Prisons  and  Penitentiaries 32 

naturalization,  to  amend  overture  relating  to 607 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

seat  contested  by  Luther  W.  Emerson.    (See  Seats  Contested) ....    21 
spring  water,   Superintendent  to   furnish,   resolution  offered  by. 
(See  Resolutions.) 

Military  and  naval  service,  voting  by,  persons  in,  relating  to,  presented 
by  Mr.  W.   H.  Nichols.     (See  Overtures.) 

Militia,  relating  to  the,  presented  by  Mr.  Cochran.  (See  Overtures.) 
Militia  service,  relating  to,  presented  by  Mr.  Tucker.  (See  Overtures.) 
Militia,  relating  to,  presented  by  Mr.  Holls.  (See  Overtures.) 

Millard,  J.  H.,  appointed  Page 29 

appointed  to  draw  the  seat  drawing  ballots  from  the  box 24 

Minority  representation,  relating  to,  presented  by  Mr.  Porter.     (See 
Overtures.) 

Monopolies  and  trusts,  to  prohibit,  presented  by  Mr.  Burr.    (See  Over- 
tures.) 


932  INDEX.*" 

Page. 

Moore,    Charles    H.,    delegate,    Twenty-first    Senate    district,    Pitts- 
burgh, Clinton  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

committees,  final  reports  of,  resolution  relating  to,  offered  by.    (See 

Resolutions.) 
committees,  Standing  or  Special,  reports  of,  resolution  relating  to, 

offered  by.     (See   Resolutions.) 
committees   to   report   memorials   and  petitions   in  their   hands, 

resolution  offered  by,  for.    (See  Resolutions.) 
Convention,  sessions  of,  resolution  relating  to,  offered  by.     (See 

Resolutions.) 

corporations,  formation  of,  relating  to,  presented  by.     (See  Over- 
tures.) 
County  and  Surrogate's  Courts,  relating  to,  presented  by.     (See 

Overtures.) 
County  Courts,  costs  of  terms  of,  resolution  relating  to,  offered 

by.    (See  Resolutions.) 

Court  of  Appeals,  relating  to,  presented  by.    (See  Overtures.) 
election  campaigns,  bribery  and  corruption  in,   relating  to,  pre- 
sented by.     (See  Overtures.) 

evening  sessions,  motion  made  by,  relating  to 390 

female  suffrage,  petition  favoring,  presented  by.    (See  Petitions.) 

female  voters,  relating  to,  presented  by.    (See  Overtures.) 

free  common  schools,  to  amend  overture  relating  to,  motion  made 

by. 712 

Governor,  election  of,  and  appointment  of  certain  State  officers, 

relating  to,  presented  by.    (See  Overtures.) 
intoxicating  liquors,  petition  against  sale  of,  presented  by.    (See 

Petitions.) 
Justices  of  the  Supreme  Court  and  Judges  of  the  Court  of  Appeals, 

relating  to,  presented  by.    (See  Overtures.) 

'  Justices  of  the  Supreme  Court,  General  Term,  election  of,  relating 
to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  on  Legislative  Powers 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures,  printing  of,  motion  made  by,  relating  to 61 

overtures,  resolution  relating  to,  offered  by 60 

pool  selling,  petition  relating  to,  presented  by 433 

Printing  Committee,  report  of,  to  amend,  motion  made  by.     (See 
Motions.) 

prison  labor,  petition  against  employment  of,  presented  by 473 

Records  of  the  Convention,  complete  set  of  the,  to  be  sent  to  the 

Plattsburgh  Libraries  .  .  847 

religious  institutions,  inspection    of,  petition  for,  presented    by. 

(See  Petitions.) 

Rules,  motion  made  by,  to  adopt  partial  report  of  the  Committee  on,    27 
voters,  qualification  of,  relating  to,  presented  by.    (See  Overtures.) 


INDEX.  933 

Page. 
Moore,  F.  M.,  appointed  Page 29 

Morton,  Charles  B.,  delegate,  Third  Senate  district,  Brooklyn,  Kings 

county *. 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

civil  service,  overture  relating  to,  to  amend,  motion  made  by 742 

dissent  from  report  of  Committee  on  Overture  relating  to  pay  of 

members  of  the  Legislature 506 

evening  sessions,  for,  resolution  offered  by.    (See  Resolutions.) 
female  suffrage,  favoring,  petition  presented  by.    (See  Petitions.) 

member  of  Committee  on  Cities 31 

member  of  Committee  on  Legislative  Organization 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

petition  presented  by,  of  John  C.  Kinkel,  Charles  L.  Pashley,  Wil- 
liam Deterling,  J.  Lott  Nostrand  and  Charles  J.  Kurth,  contest- 
ing the  seats  held  by  James  W.  Riggs,  Eugene  A.  Curran,  George 
W.  Roderick,  William  M.  Mullen  and  Thomas  W.  Fitzgerald. 

(See  Seats  Contested) 21 

petition  presented  by,  of  William  H.  Davis,  Henry  J.  Brown, 
Christian  F.  Gull,  Luther  W.  Emerson  and  George  W.  Tompkins, 
contesting  the  seats  held  by  Mirabeau  Lamar  Towns,  William 
H.  Cochran,  John  G.  Schumaker,  John  B.  Meyenborg  and  Almet 

F.  Jenks.    (See  Seats  Contested) 21 

petition  of  William  H.  Johnson  to  strike  the  word  "  color  "  from 

the  Constitution,  presented  by 40 

request  to  be  excused  from  voting 525 

teller,  appointed  as 706 

Mullen,  William  M.,  delegate,  Sixth  Senate  district,  Stapleton,  Rich- 
mond county; 12 

adjournment  to  July  ninth,  previous  question  moved  by,  on  motion 

of  Mr.  Storm,  relating  to 274 

excused  from  voting  on  Trapper  and    Beckwith    contested    seat 

cases 285 

female  suffrage,  favoring,  petition  presented  by.    (See  Petitions.) 

member  of  Committee  on  Indians 34 

member  of  Committee  on  Legislative  Powers 29 

seat  of,  contested  by  J.  Lott  Nostrand.    (See  Seats  Contested) 21 

unseated  as  a  delegate 413 

Mulqueen,  Michael  J.,  delegate,  Fourteenth  Senate  district,  New  York 

city 13 

address  to  the  people,  to  amend  resolution  to  appoint  committee  to 
prepare  an 770 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 
delegate 12 

cities,  home  rule  for,  to  provide,  relating  to  overture  relating  to, 
motion  made  by 440 


934  INDEX. 

Mulqueen,  Michael  J.—  (Continued) :  Page, 

delegates,  to  lay  resolution  of  Mr.  J.  I.  Green  relating  to  absence 

of,  on  the  table,  motion  made  by 363 

jury,  report  of    Judiciary    Committee    on    overtures    relating    to 

trials  by,  motion  made  by 339 

member  of  Committee  on  Salt  Springs 34 

member  of  Committee  on  State  Finances  and  Taxation 30 

memorials,   etc.,   upon    the    table,   motion  to    lay   resolution    of 

Mr.  Moore,  relating  to,  made  by » 61 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures,  motion  to  refer  motion  of  Mr.  Moore,  relating  to,  made 

by 61 

question  of  privilege,  rose  to  a 555 

reporters  to  receive  copies  of  overtures  and  the  Journal,  resolu- 
tion offered  by.    (See  Resolutions.) 

rules,  motion  relating  to,  made  by 80 

rules,  to  amend,  motion  made  by 128 

Munn,  George  B.,  appointed  Clerk 28 

Murder,  indictments  for,  resolution  relating  to,  presented  by  Mr.  Blake. 
(See  Resolutions.) 

Murlin,  Edgar  L.,  appointed  Librarian 26 

N. 

Naturalizations  in  1893,  relating  to,  offered  by  Mr.  Lincoln.    (See  Reso- 
lutions.) 

Naturalization,  relating  to,  presented  by  Mr.  Roche.    (See  Overtures.) 

Naturalized,  courts  in  which  persons  may  be,  relating  to,  presented 
by  Mr.  Roche.    (See  Overtures.) 

New  Capitol,  completion  of,  relating  to,  presented  by  Mr.  Dean.    (See 
Overtures.) 

New  York,  Coroner's  office,  presentment  of  the  Grand  Jury  of,  relating 

to 266 

Niagara  River,  waters  of,  relating  to,  presented  by  the  Committee  on 
Legislative  Powers  and  Duties.    (See  Overtures.) 

Nicoll,  De  Lancey,  delegate,  Seventh  Senate  district,  New  York  city . .    12 

appointed  teller  for  election  of  President 15 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 

civil  service,  overture  relating  to,  to  amend,  motion  made  by. .  742, 

member  of  Committee  on  Judiciary 

member  of  Committee  on  Suffrage 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

vote  of  thanks  to  President  Choate,  resolution  offered  by 850 

votes  received  by,  for  President  of  the  Convention.. 


INDEX.  935 

Page. 
Meiiols,  William  H.,  delegate,  Twenty-seventh  Senate  district,  Bath, 

Steuben  county 14 

canal  debt,  overture  relating  to,  to  amend,  motion  made  by 727 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  petition  favoring,  presented  by 108 

member  of  Committee  on  Canals 31 

member  of  Committee  on  County,  Town  and  Village  Government,    32 
military  and  naval  service,  voting  by  persons  in  the,  relating  to, 

presented  by.     (See  Overtures.) 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures,  committee  reports  on,  resolution  relating  to,  offered  by. 

(See  Resolutions.) 

overtures,  consideration  of,  resolution  offered  by,  relating  to 549 

soldiers'   and    sailors'    homes,   relating    to,   presented    by.     (See 

Overtures.) 

Nominations  by  direct  vote  of  the  people,  petition  relating  to,  pre- 
sented by  Mr.  Powell 379 

Nostrand,   J.   Lott,   delegate,   Sixth   Senate  district,   Brooklyn,   Kings 

county 413 

member  of  Committees  on  Powers  and  Duties  of  the  Legislature 

and  Indians 415 

oath  of  office  administered  to 421 

seated  as  a  delegate 413 

seat  of  William  M.  Mullen  contested  by.    (See  Seats  Contested) 21 

o. 

Oaths   of   office,  relating   to,    presented   by    Mr.  I.  S.  Johnson.    (See 
Overtures.) 

O'Brien,  John  W.,  delegate,  Twenty-sixth    Senate    district,    Auburn, 

Cayuga  county  14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

convict  labor,  against  employment  of,  petition  presented  by.     (See 

Petitions.) 

female  suffrage,  petition  favoring,  presented  by 59 

member  of  Committee  on  Legislative  Organization 29 

member  of  Committee  on  Revision  and  Engrossment 438 

member  of  Committee  on  State's  Prisons  and  Penitentiaries 32 

member  of  Committee  on  Suffrage 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

paired  with  Mr.  C.  A.  Truax 556 

sectarian    appropriations,    against,    petition    presented    by.     (See 

Petitions.) 
voters,    disfranchising    certain,    relating    to,    presented    by.     (See 

Overtures.) 


936  INDEX. 

ra?e. 

Offenses,  certain,  punishment  for,  relating  to,  presented  by  Mr.  Daven- 
port. (See  Overtures.) 

Office,  eligibility  to,  relating  to,  presented  by  Mr.  Goodelle.  ^te 
Overtures.) 

qualification   for,   relating  to,   presented  by   Mr.   Goodelle.    (See 

Overtures.) 
tenure  of,  relating  to,  presented  by  Mr.  R.  M.  Johnston.    (See 

Overtures.) 

Officers,  choice  of  appointment  of,  relating  to,  presented  by  Mr.  Hoi- 
comb.  (See  Overtures.) 

election  of,  by  direct  vote  of  the  people,  petition  relating  to,  pre- 
sented by  Mr.  President 400 

elective,  term  of,  relating  to,  presented  by  Mr.  Rodgers.  (See 
Overtures.) 

oaths  of,  relating  to,  presented  by  Mr.  Lauterbach.  (See  Over- 
tures.) 

Officers  of  cities,  election  of,  relating  to,  presented  by  Mr.  Wiggins. 
(See  Overtures.) 

Official    ballots,    printing     of,    petition     relating     to,    presented    by 

Mr.  President 434 

cost  of  printing,  resolution  relating  to,  offered  by  Mr.  Doty 443 

Official  succession,  relating  to,  presented  by  Mr.  Vedder.  (See  Over- 
tures.) 

Ohmeis,  Joseph  M.,  delegate,  Ninth  Senate  district,  New  York  city. ...  12 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

excused  from  voting  on  overture  relating  to  the  Employment  of 

prisoners 620 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  on  Industrial  Interests 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Osborn,  William  Church,  delegate,  Fifteenth  Senate  district,  Garri- 
sons, Putnam  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

civil  service,  petition  favoring,  presented  by.    (See  Petitions.) 
dissented  from  report  of  committee  relating  to  apportionment  of 

Senate  and  Assembly  districts 504 

excused  from  voting  on  motion  relating  to  overture  relating  to 

free  common  schools '. 545 

female  suffrage,  petition  favoring,  presented  by 118 

member  of  Committee  on  Civil  Service 205 

member  0f  Committee  on  Industrial  Interests 33 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

rules,  to  amend,  motion  Hade  by 103,  106 


INDEX.  937 

Osborn,  William  C. — (Continued):  Page. 

State,  powers  of  the,  delegation'  of,  relating  to,  presented  by.  (See 
Overtures.) 

powers  of  the,  delegation  of,  motion  relating  to  overture  relat- 
ing to,  made  by.    (See  Motions.) 

Overtures,  relating  to: 

additional  jurors,  drawing,  presented  by  Mr.  Marks 43,  338,  349 

aged,  State  Insurance  Fund  for,  to  provide,  presented  by  Mr.  A.  H. 
Green 394,  420,  461 

agricultural  lands,  drainage  of,  presented  by  Mr.  Parker.  (See 
Vote.) 330,  445,  708,  722,  745,  748 

agricultural  lands,  leases  of,  presented  by  Mr.  Lincoln Ill 

amended  Constitution,  to  go  into  effect,  presented  by  Mr.  C.  H. 
Truax 261,  385,  461,  706,  716,  740 

amendments,  future,  presented  by  Committee  on  Future  Amend- 
ments. (See  Vote.) 385,  397,  398,  461,  706,  720,  728,  757,  760 

appeals  to  the  Court  of  Appeals,  to  amend  Article  6,  presented  by 
Mr.  Deyo 190,  340 

apportionment,  non-partisan,  to  provide  for,  to  amend  Article  3,  pre- 
sented by  Mr.  Dean , 124 

apportionment,  to  amend  Article  3,  presented  by  Mr.  Lauterbach,    48 

apportionment,  to  amend  sections  2,  3,  4  and  5  of  Article  3,  pre- 
sented by  Mr.  Vedder 43 

arbitration,  boards  of,  providing  for,  to  amend  Article  3,  presented 
by  Mr.  Gilbert : 330,  446 

arbitration,  creating  court  of  compulsory,  to  amend  Article  6,  pre- 
sented by  Mr.  Church 368,  372,  384,  435 

assessment  and  taxation,  uniformity  of,  new  article,  presented 
by  Mr.  I.  S.  Johnson 123 

assessments  for  improvements,  to  amend  Article  8,  presented  by 
Mr.  Hottenroth 337 

ballot,  denning  meaning  of  the  term,  to  amend  Article  2,  pre- 
sented by  Mr.  Foote  234 

banking  and  trust  companies,  to  amend  Article  8,  presented  by 
Mr.  Riggs 234 

banking  corporations,  liability  of  stockholders  in,  to  amend  Arti- 
cle 8,  presented  by  Mr.  Marshall.  (See  Vote.) . .  63,  254,  460,  722 

727,  761 

Banking,  Superintendent  of,  to  abolish  office  of,  new  article,  pre- 
sented by  Mr.  Bigelow 320 

banks,  to  amend  Article  8,  presented  by  Mr.  Hawley 210,  460 

bills,  houses  in  which  they  may  originate,  to  amend  Article  3,  pre- 
sented by  Mr.  Hawley 164 

bills,  local  or  private,  advertising  of,  to  amend  Article  3,  presented 
by  Mr.  Hawley 164 

bills,  passage  of,  to  amend  Article  4,  presented  by  Mr.  Kellogg..  198 

bills,  passage  of,  to  amend  Article  8,  presented  by  Mr.  Vedder.. 

64,  171,  246,  253,  321,  326,  354,  367,  401,  412,  431,  588,  692 


938  INDEX. 

Overtures,  relating  to  —  (Continued):                                                          Page, 
bills,  presentation  of,  to  the  Governor,  to  amend  Article  4,  pre- 
sented by  Mr.  Abbott 210 

bills  presented  to  the  Governor,  to  amend  Article  4,  presented  by 

Mr.   Alvord 163 

bills,  private  and  local,  to  amend  Article  3,  presented  by  Mr.  C.  A. 

Fuller 204,  459 

bills,    private    and    local,    to   amend     Article    3,     presented    by 

Mr.  W.  H.  Steele 330,  395,  434 

bills,  private  or  local,  passage  of,  to  amend  Article  3,  presented 

by  Mr.  Root 323 

bills,  title  of,  private  and  local,  to  amend  Article  3,  presented  by 

Mr.  J.  Johnson 222,  416,  498 

bribery  and  corruption,  to  amend  Article  15,  presented  by  Mr.  I.  S. 

Johnson 211 

bribery  at  elections,  etc.,  to  amend  Article  2,  presented  by  Mr.  I.  S. 

Johnson 164 

canal  debt,  to  amend  Article  7,  presented  by  Mr.  Cassidy.     (See 

Vote.) 256,  431,. 465,  538,  540,  572,  573,  577,  579,  705,  726,  728 

canals,  for  transfer  of  the,  to  the  United  States,  to  amend  Article  7, 

presented  by  Mr.  McDonough 63 

sale  or  lease  of,  to  amend  Article  7,  presented  by  Mr.  Barrow,    85 

to  amend  Article  7,  presented  by  Mr.  Alvord 204 

to  amend  section  6  of  Article  7,  presented  by  Mr.  Cady..  287,  698 
to  amend  section  12  of  Article  7,  presented  by  Mr.  Cady . . .  287,  698 

to  amend  Article  7,  presented  by  Committee  on  Canals 459, 

511,  518,  538,  540,  572,  573,  577,  579 

to  amend  section  6  of  Article  7,  presented  by  Committee  on 
Canals.    (See  Vote).. 460,  511,  518,  538,  540,  572,  573,  576,  577, 

579,  705,  723,  725 

to  amend  Article  7,  presented  by  Mr.  Doty 123 

to  amend  Article  7,  presented  by  Mr.  Forbes 244 

to  amend  section  6  of  Article  7,  presented  by  Mr.  McMillan 43 

capital  punishment,  to  abolish,  to  amend  Article  1,  presented  by 

Mr.  J.  I.  Green 84,  339,  340,  346 

to  amend  Article  1,  presented  by  Mr.  Tucker 203,  381 

cemetery  purposes,  land  for,  new  article,  presented  by  Mr.  Man- 
ley 442,  470 

certain,  to  print  extra  copies  of,  resolution  offered  by  Mr.  Hamlin. 

(See  Resolutions) 275 

to  print,  resolution  offered  by  Mr.  Roche 232 

charities    and    corrections,    to    amend    Article    3,    presented    by 

Mr.  Forbes 398,  420 

Charities,  State  Board  of,  to  amend  Article  5,  presented  by  Com- 
mittee on  Charities.    (See  Vote) 480,  538,  548,  553,  558,  577, 

702,  703,  705,  716 

to  create,  new  article,  presented  by  Mr.  Lauterbach 262 

children,  education  of  (new  article),  presented  by  Mr.  Tucker. .  364,  371 


INDEX.  939 

Overtures,  relating  to  —  (Continued):                                                            Page. 
cities,  certain  officers  in,  power  of  appointment  of,  to  amend  Arti- 
cle 8,  presented  by  Mr.  J.  Johnson 336 

charters  of,  to  amend  Article  10,  presented  by  Mr.  Lauterbach. .     49 
classification  of,  to  amend  Article  8,  presented  by  Committee 

on  Cities *f' 620,  704,  716,  732 

debt  limitation  of,  new  article,  presented  by  Mr.  Banks . .  163,  469 
elections  in,  to  amend  Article  8,  presented  by  Mr.  J.  Johnson. .  328 
home   rule   for,   new    article,   presented    by     Committee    on 
Cities.     (See  Vote)....  383,  422,  428,  430,  438,  439,  440,  442, 

487,  493,  503,  515,  522,  523,  530,  608,  623,  695,  697 
home  rule  for,  to  amend  Article  8,  presented  by  Mr.  Dean. .  44,  383 

home  rule  in,  new  article,  presented  by  Mr.  C.  H.  Lewis 210 

home  rule  for,  to  amend  Article  3,  presented  by  Mr.  Speer.. 

320,  328,  383 
home  rule  for,  to  amend  Article  3.  presented  by  Mr.  Tekul- 

sky 329,  383 

home  rule  for,  new  article,  presented  by  Mr.  Tucker .-.  122,  383 

home  rule  for,  new  article,  presented  by  Mr.  Turner ]35,  383 

organization  of,  to  amend  Article  8,  presented  by  Mr.  Cady,  266,  383 
villages  and  towns,  organization  of,  to  amend  Article  3,  pre- 
sented by  Mr.  Veeder '  109,  430 

citizens  to  vote,  right  of,  to  amend  Article  2,  presented  by  Mr.  Por- 
ter      51 

city  charters,  to  amend  Article  8,  presented  by  Mr.  Hill 64 

city    elections   from    national   and    State,   to   separate,    to   amend 

Article  8,  presented  by  Mr.  Holls 42,  249,  383 

civil   service  of  the   State  and  cities,  new  article,  presented  by 

Mr.  H.  A.  Clark.    (See  Vote) 210,  421,  708,  722,  741,  743 

to  amend  Article  10,  presented  by  Mr.  Holls 42 

claims  against  the    State,  to    amend    Article    7,   presented    by 

Mr.  Pratt 252 

Codification,   Commissioners  of,   to  appoint,  to  amend  Article  1, 

presented  by  Mr.  Doty.     (See  Vote) 85,  459,  477,  510,  603 

Commissioners  of  Jurors,  for  appointment  of,  to  amend  Article  3, 

presented  by  Mr.  Becker 85 

commissions,  to  abolish   all,   to  amend   Article    6,   presented    by 

Mr.  Dean.     (See  Vote) 44,  425,  474 

common  school  fund,  to  amend  Article  9,  presented  by  Mr.  Phipps,  268 
common  schools,  to  amend  Article  9,  presented  by  Mr.  Sandford,  336 

conspiracies,  to  amend  Article  1,  presented  by  Mr.  Springweiler 

51,  376,   484,  487 
Constitution,  construction  of,  new  article,  presented  by  Mr.  Cook- 

inham 85 

future    revisions    of,    to    amend    Article    13,    presented    by 

Mr.  Bigelow 320,  385 

Constitutional    Conventions,    future,  to    amend    Article    13,  pre- 
sented by  Mr.  Parmenter 239,  385 

future,  to  amend  Article  13,  presented  by  Mr.  Tucker 306,  385 


940  INDEX. 

Overtures,  relating  to  Constitutional  Conventions  —  (Con.) :  Page. 

judges  of  election  of  members  of,  to  amend  Article  13,  pre- 
sented by  Mr.  Lincoln 51,  385 

powers  of,  to  amei^d  Article  13,  presented  by  Mr.  Danf orth,  162,  385 

to  amend  Article  14,  presented  by  Mr.  Herzberg 203,  385 

to  amend  Article  13,  presented  by  Mr.  Mereness 210,  385 

to  amend  Article  13,  presented  by  Mr.  C.  H.  Truax 162,  385 

Conventions  to  revise  the  Constitution,  to  amend  Article  12,  pre- 
sented by  Mr.  Veeder 109,  385 

Coroner,  to  do  away  with  the  office  of,  to  amend  Article  10,  pre- 
sented by  Mr.  Dickey. .....  42,  341,  357,  358,  359,  401,  402,  588,  589,  620 

Coroners,  qualifications  of,  to    amend    Article  10,    presented    by 

Mr.  Porter 235 

to  amend  Article  2,  presented  by  Mr.  Porter 135 

corporations  and  competing  lines  of  railroads,  to  amend  Article  8, 

presented  by  Mr.  Storm 122 

corporation  counsel,  election  of,  new  article,  presented  by  Mr.  A. 

H.  Green 352,  367,  383 

corporations,  creating  and  limiting,  to  amend  Article  8,  presented 

by  Mr.   Tucker 329,  384 

creation  of,  by  special  act,  to  amend  Article  8,  presented  by 

Mr.  Hawley 256 

creation  of,  to  amend  Article  8,  presented  by  Mr.  Doty 170 

formation  of,  to  amend  Article  8,  presented  by  Mr.  Moore 50 

gifts  by,  to  Judges  and  Members  of  the  Legislature,  to  amend 

Article  15,  presented  by  Mr.  Griswold 330 

striking  out  Article  8,  presented  by  Mr.  Hawley 85 

Superintendent  of,  to  create  office  of,  to  amend  Article  5,  pre- 
sented by  Mr.  T.  A.  Sullivan 365,  373,  375,  384 

to  amend  Article  8,  presented  by  Mr.  Burr 261 

to  amend  Article  8,  presented  by  Committee  on  Corporations . .  434 

to  amend  Article  8,  presented  by  Mr.  Forbes 329 

to  amend  Article  8,  presented  by  Mr.  Forbes 329 

to  amend  Article  8,  presented  by  Mr.  O.  A.  Fuller 321,  366 

to  amend  Article  8,  presented  by  Mr.  Hawley 85 

to  amend  Article  8,  presented  by  Mr.  Mereness 50 

to  amend  Article  8,  presented  by  Mr.  Roche 337,  383 

wages  to  employes    of,  to    amend    Article    8,  presented    by 

Mr.  Tucker 329,  344,  418,  419 

counsel,  right  to  have,  to  amend  Article  15,  presented  by  Mr.  J.  I. 

Green 204,  341,  346 

counties,  cities  and  villages,  incurring  debt  by,  to  amend  Article  8, 

presented  by  Mr.  Roche 239,  330 

counties,  cities,  towns  or    villages,  loaning    credit  of,  to    amend 

Article  8,  presented  by  Mr.  Doty 170,  360,  361 

counties,  forming  or  dividing,  to  amend  Article  3,  presented  by 

Mr.  H.  A.  Clark 338,  425 

County  and  Surrogate's  Courts,  to  amend  Article  6,  presented  by 

Mr.  Moore.  .  ., 49 

to  amend  Article  4,  presented  by  Mr.  A.  B.  Steele. 84 


INDEX.  941 

Overtures,  relating:  to  —  (Continued):  Page, 

county,  city,  town  and  village  officers,  mode  of  changing,  to  amend 

Article  10,  presented  by  Mr.  Parmenter 234 

County  Courts,  enlarging  jurisdiction  of,  to  amend  Article  6,  pre- 
sented by  Mr.  May  bee 49 

jurisdiction  of,  to  amend  Article  6,  presented  by  Mr.  Wood- 
ward   124 

to  amend  Article  6,  presented  by  Mr.  Lincoln 170 

to  amend  Article  6,  presented  by  Mr.  McArthur 191 

County  Judges  and  Surrogates,  to  prohibit,  from  practicing  law, 

etc.,  to  amend  Article  6,  presented  by  Mr.  Roche 63 

county  officers,  to  amend  Article  10,  presented  by  Mr.  Roche 337 

County  Treasurers,  to  amend  Article  10,  presented  by  Mr.  McKin- 

stry 86 

Court  of  Appeals,  Judges  of,  to  amend  Article  6,  presented  by 

Mr.  Parmenter 266 

Second  Division  of,  to  create,  to  amend  Article  6,  presented  by 

Mr.  Doty 331 

to  amend  Article  6,  presented  by  Mr.  Moore 49 

to  amend  Article  6,  presented  by  Mr.  A.  B.  Steele 324 

Court  of  Claims,  to  establish,  to  amend  Article  6,  presented  by 

Mr.  Lincoln 235 

Court  of  Pardons,  providing  for, -to  amend  Article  4,  section  5,  pre- 
sented by  Mr.  Marks 43 

courts,  County  and  other  lower,  to  amend  Article  6,  presented  by 

Mr.  A.  B.  Steele 267 

Courts  of  Sessions,  to  amend  Article  6,  presented  by  Mr.  Hawley,  169 
crimes,  capital  or  other  infamous,  to  amend  Article  1,  presented 

by  Committee  on  Preamble  and  Bill  of  Rights 445 

criminal  prosecutions,  defendants  in,  to  amend  Article  1,  presented 

by  Mr.  Goodelle 262,  444 

dams  and  reservoirs,  construction   of,  to   amend    Article  1,  pre- 
sented by  Mr.  Foote 330,  446 

day's  work,  lawful,  to  amend  Article  1,  presented  by  Mr.  Tucker, 

329,  485 
death,  damages  in  actions  involving  (new  article),  presented  by 

Mr.  Tekulsky 336 

death,  or  disability  of  juror,  procedure  in  case  of,  to  amend  Arti- 

•   cle  1,  presented  by  Mr.  J.  I.,  Green 84,  338,  349 

death    penalty,    to    abolish,    to    amend    Article    1,  presented    by 

Mr.    Blake.     (See   Vote.) 210,  419,  426,  427 

death,  injuries  resulting  in,  to  amend  Article  1,  presented  by  Com- 
mittee on  Preamble  and  Bill  of  Rights 445 

debt,    imprisonment    for,    to    amend    Article    1,    presented    by 

Mr.  Tucker 203,  381 

divorce,  to  amend  Article  1,  presented   by  Mr.  Blake 204,  341 

dower  and  courtesy,  abolishing,  to  amend  Article  1,  presented  by 

Mr.  Hottenroth 110 

education,  to  amend  Article  9,  presented  by  Mr.  Peck. 324 


942  INDE^. 

Overtures,  relating  to  —  (Continued):  Page, 

election  by  ballot,  etc.,  to  amend  Article  2,  presented  by  Mr.  Chipp,  110 
election  commission,  to  amend  Article  5,  presented  by  Mr.  I.  S. 

Johnson 84 

elections,  bribery  and  corruption  in,  to  amend  Article  12,  presented 

by  Mr.  Moore 337 

elections,  manner  of,  to  amend  Article  2,  presented  by  Mr.  Hill. 

(See  Vote) 192,  259,  307,  314,  326,  333,  334,  368,  396 

435,  495,  510,  602 
employers  and  employes,  differences  between,  court  of  arbitration 

to  settle,  to  amend  Article  6,  presented  by  Mr.  Tucker 320 

employers,   liability   of,   to   employes,   new  article,   presented   by 

Mr.   Coleman.     (See   Vote.) 124,  487,  510 

enumeration    of    inhabitants,  to    amend    Article  3,  presented  by 

Mr.  Veeder 109 

evidence  in  criminal  proceedings,  to  amend  Article  1,  presented  by 

Mr.  Barhite 123,  498 

female  suffrage,  to)  amend  Article  2,  presented  by  Mr.  Bigelow,  235,  403 

to  amend  Article  2,  presented  by  Mr.  Foote 234,  402 

to  amend  Article  2,  presented  by  Mr.  Lincoln Ill,  403 

to  amend  Article  2,  presented  by  Mr.  Tucker.     (See  Vote.) 

204,  403,  404,  405,  424,  425,  429,  433,  441,  444,  449 

female  voters,  to  amend  Article  2,  presented  by  Mr.  Moore 50,  403 

forest  preserves,  new  article,  presented  by  Committee  on  Forest 

Preserves.     (See  Vote.) 487,  532,  559,  560,  616,  684,  686,  687 

franchise,  exercise  of  right  of,  Governor    to    restore,  to    amend 

Article  4,  section  5,  presented  by  Mr.  Emmet 48 

franchise,  exercise  of  right  of,  to  amend  Article  2,  section  2,  pre- 
sented by  Mr.  Emmet 48 

franchises,  new  article,  presented  by  Mr.  Banks 211,  483 

gambling,  to  suppress,  to  amend  Article  1,   presented  by   Com- 
mittee on  Preamble  and  Bill  of  Rights.     (See  Vote.) . .  452,  513, 

754,  755,  762,  763 
General  Term    Justices    of    the    Supreme    Court,  election  of,  to 

amend  Article  6,  presented  by  Mr.  Moore 110 

General  Terms  of  Supreme  Court,  to  amend  Article  6,  presented 

by  Mr.  Woodward 124 

government,  powers  of,  new  article,  presented  by  Mr.  Roche,  191,  445 
Governor  and  Lieutenant-Governor,   election  of,  to  amend  Arti- 
cle 4,  presented  by  Mr.  Durf ee  (by  request) *.  330 

official  term  of,  to  amend  Article  4,  presented  by  Mr.  Man- 

tanye 268 

Governor,  changing  term  and  time  of  election  of,  to  amend  Arti- 
cle 4,  presented  by  Mr.  Holls 42 

Governor,  election  of,  and  appointment  of  certain  State  officers, 

to  amend  Article  4,  presented  by  Mr.  Moore 49 

powers    and    duties    of,    to    amend    Article    4,  presented  by 

Mr.    Lauterbach.     (See   Vote.) 48,  532,  538,  540,  558, 

569,  618,  693,  694 
to  amend  Article  4,  presented  by  Mr.  McMillan 


INDEX.  943 

Overtures,  relating  to  —  (Continued):  Page, 

human  life,  damages  for  loss  of,  to  amend  Article  1,  presented  by 

Mr.  Tucker.     (See  Vote) 203,  383,  388,  389,  390,  406.  453, 

454,  509,  595 

impeachment,  to  amend  Article  6,  presented  by  Mr.  Tedder 331 

incorporated  companies,    minority    representation    in    boards    of 

directors  of  (new  article),  presented  by  Mr.  Holcomb 336 

index  to,  resolution  relating  to,  offered  by  Mr.  I.  S.  Johnson 190 

Indians,  rights  of,  to  buy  and  sell  lands,  to  amend  Article  1,  pre- 
sented by  Mr.  Floyd 243,  470 

inhabitants,  enumeration  of,  to  amend    Article    3,  presented    by 

Mr.  Cookinham 50 

insurance,  superintendent  of,  to  abolish  office  of,  new  article,  pre- 
sented by  Mr.  Bigelow 320 

intoxicating  liquors,  traffic  in,  to  amend  Article  3,  presented  by 

Mr.  McKinstry 86,  416,  467,  471 

Judge  of  the  Court  of  Appeals,  to  amend  Article  6,  section  2,  pre- 
sented by  Mr.  Marks 44 

Judges  and  justices,  age  limit  of,  to  amend  Article  6,  section  13, 

presented  by  Mr.  Deane 44 

judges,    compensation    of,    to    amend    Article    6,    presented     by 

Mr.  C.  B.  McLaughlin 191 

Judges  of  the  Supreme  Court  and  City  Courts,  term  of  office  of, 

to  amend  Article  6,  presented  by  Mr.  Mantanye 64 

judges,  over  seventy  years  of    age,  for    Governor   to    assign,    to 

amend  Article  6,  presented  by  Mr.  Dickey 84 

judges     practicing    law,     to     amend     Article     6,     presented     by 

Mr.   McArtlmr 191 

judgments  on    appeal,  etc.,  to    amend    Article    1,  presented    by 

Mr.  Lauterbach 49,  338,  340,  349,  459 

judicial  district,  to  amend  Article  6,  to  increase  the  number  of, 

presented  by  Mr.  Dickey 302 

judicial  district,  to  create  an  additional,  to  amend  Article  6,  pre- 
sented by  Mr.  Dickey 370,  377 

judicial  officers  forbidden  practicing    law,  to    amend-  Article    6,  . 

presented   by   Mr.  A.   H.   Green 268 

judiciary  article,  to  amend  Article  6,  presented  by  Judiciary  Com- 
mittee.    (See  Vote) 447,  451,  471,  478,  488,  489,  490,  564, 

584,  624,  632,  643,  645 

judiciary  citizenship,  to  amend  Article  6,  presented  by  Mr.  Root..  323 
compensation     of,     to     amend     Article     6,     presented     by 

Mr.  Lester 244 

procedure    in    courts,    to     amend     Article    6,     presented    by 

Mr.  Root 323 

to  amend  Article  6,  presented  by  Mr.  Lauterbach 48 

to  amend  Article  6,  presented  by  Mr.  Marshall 169 

to  amend  Article  6,  presented  by  Mr.  Marshall 191 

to  amend  Article  6,  presented  by  Mr.  C.  B.  McLaughlin 320 

to  amend  Article  6,  presented  by  Mr.  Smith 268 

to  amend  Article  6,  presented  by  Mr.  Titus 222,  341,  346,  347 


944  INDEX. 

Overtures,  relating  to  —  (Continued):  Page. 

Jurors,   Commissioner  of,  appointment  of,   to  amend  Article   18, 

presented  by  the  Judiciary  Committee 365,  373,  374,  375 

committal     of    arrested,  to  amend    Article    1,  presented    by 

Mr.  Tucker 266,  382 

three-fourths  in. civil  actions  to  render  verdict,  to  amend  Arti- 
cle 1,  section  2,  presented  by  Mr.  Platzek 48,  338,  349 

to    be   six   in   number,    to   amend   Article    1,    presented    by 

Mr.  Dickey 42,  338,  349 

Jury,  trials  by,  to  amend  Article  1,  presented  by  Mr.  Goodelle.. 

51,  338,  349 

Justice  of  Sessions,  to  do  away  with,  to  amend  section  15,  Arti- 
cle 6,  presented  by  Mr.  Dickey 42 

Justice  of  the  Peace,  to  amend  Article  6,  presented  by  Mr.  Hawley,  211 
Justices    of    lower    courts,   to    amend    Article    6,  presented    by 

Mr.  Roche 239 

Justices  of  the  Peace,  etc.,  election  of,  to  amend  Article  6,  pre- 
sented by  Mr.  Pratt  (by  request) . . ' 344 

to  amend  Article  6,  presented  by  Mr.  Carter 235,  324 

Justices  of  the  Supreme  Court  and  Judges  of  the  Court  of  Appeals, 

official  terms  of,  to  amend  Article  6,  presented  by  Mr.  Moore 110 

Justices  of  the  Supreme  Court  and  of  the  Court  of  Appeals,  official 

terms  of,  to  amend  Article  6,  presented  by  Mr.  Van  Denbergh . .  262 
land  under  water,  grants   of,  to  amend    Article  3,  presented    by 

Mr.  Becker 222,  417 

lands,  leases  of  non-agricultural,  to  amend  Article  1,  presented  by 

Mr.  E.  R.  Brown 198 

lands,  title  to  and  interest  in,  transfer  of,  new  article,  presented 

by  Special  Committee  on  Land  Titles 376,  443,  447 

laws,  codification  of,  to  amend  Article  1,  presented  by  Mr.  Hawley,  169 
method  of  enactment  of,  by  the  Legislature,  to  amend  Article 

3,  presented  by  Mr.  Lauterbach 168 

passage  of,  to  amend  Article  3,  presented  by  Mr.  McDonough. 

(See  Vote) 306,  425,  472,  49C 

.  special  or  local,  passage  of,  to  amend  Article  3,  presented  by 

Mr.  Hottenroth 324 

legislation  by  direct  vote,  new  article,  presented  by  Mr.  Tucker. .  122 
improved    methods    of,  to    amend    Article    10,  presented    by 

Mr.  Holls 244 

legislative    bills,    passage  of,  to    amend    Article  3,  presented    by 

Mr.  Roche 162,  417 

legislative  bodies,  local,  seats  in,  to  amend  Article  9,  presented  by 

Mr.  Jenks 244 

legislative  officers,  term  of,  to  amend  Article  3,  section  1,  pre- 
sented by  Mr.  Marks 43 

legislative  organization  and  powers,  to  amend  Article  3,  presented 

by  Mr.  Towns 234 

legislative  powers  and  duties,  to  amend  Article  3,  presented  by 
JbLJ.  Hawley 163 


INDEX.  945 

Overtures,  relating  to  —  (Continued):                                                          Page. 
Legislature,  eligibility  of  persons  for  election  to  the,  to  amend  Arti- 
cle 3,  presented  by  Mr.  Hill 64 

eligibility  to  the,  to  amend  Article  3,  presented  by  Mr.  Hill,  124,  505 
powers  of,  to  amend  Article  3,  presented  by  Mr.  H.  A.  Clark,  169 
powers  of,  to  amend  Article  3,  presented  by  Mr.  Vedder. .  222, 

394,  399,  449,  509,  596 
qualification  of  members  of  the,  to  amend  Article  3,  presented 

by  Mr.  Goodelle 163 

time  of  assembling,  to  amend  Article  10,  presented  by  Mr.  Gil- 
bert.    (See  Vote) 479,  501,  550,  613 

to  amend  section  16  of  Article  3,  presented  by  Mr.  McMillan, 

(See  Vote) 43,  267,  359,  446,  452,  510,  604,  606 

to  regulation  of,  salaries  of  members  of  the,  to  amend  Article 

3,  presented  by  Mr.  Johnston 47,  365 

liability  of    employers  to    employes,   new    article,  presented    by 

Mr.  Kellogg 50,  484 

Loan  Commissioner,  abolishing  office  of,  to  amend  Article  10,  pre- 
sented by  Mr.  A.  H.  Green 442,  470 

local  and  private  bills,  passage  of,  to  amend  article  3,  presented  by 

Mr.  Bigelow 63 

local  and  private  laws,  publication  of,  to  amend  Article  3,  presented 

by  Mr.  Arnold ". 122,  448,  449 

local  option,  new  article,  presented  by  Mr.  Titus.    (See  Vote) . .  302,  415 
local  or  private  bills,  restricting  passage  of,  to  amend  Article  3, 

presented  by  Mr.  Roche 122,  406 

lotteries,  to  amend  Article  1,  presented  by  C.  H.  Tmax 234 

low  lands,  taking  private  property  for  drainage  of,  to  amend  Arti- 
cle 1,  presented  by  Mr.  E.  R.  Brown , 134 

military  and  naval  service,  right  to  vote  of  persons  in  the,  to 

amend  Article  2,  presented  by  Mr.  W.  H.  Nichols 135 

militia  service,  exemptions  from,  to  amend  Article  11,  presented 

by  Mr.  Tucker 239 

militia,  rr>  amend  Article  11,  presented  by  Mr.  Cochran.    (See  Vote), 

336,  487,  755,  756,  763,  764 

militia,  to  amend  Ai\:^e  11,  presented  by  Mr.  Holls 49,  461 

minority  representation,  presiding  for,  to  amend  Article  3,  pre- 
sented by  Mr.  Porter 235 

monopolies  and  trusts,  prohibiting,  to  a*r°nd  Article  8,  presented 

by  Mr.  Burr 109,  451 

naturalization,  to  amend  Article  2,  presented  by  Mr.  iu-r^e 110, 

426,  540,  542,  550,  606,  bA:,  611,  613 

naturalized  citizens,  right  of  suffrage  by,  to  amend  Article  2,  pre- 
sented by  Mr.  Lauterbach 48 

naturalized,   to   designate   courts   in   which   persons   may   be,   to 

amend  Article  2,  presented  by  Mr.  Roche 198,  481 

New  Capitol,  completion  of,  Article  7,  presented  by  Mr.  Dean 44 

Niagara  river,  diversion  of  the  waters  of,  new  article,  presented 

by  Committee  on  Legislative  Powers  and  Duties 479,  494, 

537,  538,  551,  558,  561,  563,  566,  572,  656,  660 


946  INDEX. 

Overtures,  relating  to  —  (Continued):  Page. 

oaths  of  office,  to  amend  Article  12,  presented  by  Mr.  I.  S.  John- 
son   164,  480 

oaths  of  officers,  to  amend  Article  12,  presented  by  Mr.  Lauter- 
bach 48,  244 

offenses,  certain,  punishment  for,  to  amend  Article  1,  presented  by 
Mr.  Davenport 329 

office,  eligibility  to,  to  amend  Article  2,  presented  by  Mr.  Goodelle,  324 

office,  qualifications  for,  to  amend  Article  2,  presented  by  Mr.  Good- 
elle  , 324 

officers,  choice  of  the  appointment  of,  to  amend  Article  10,  pre- 
sented by  Mr.  Holcomb 323,  338,  360 

officers,    elective,    term    of,    to    amend    Article    3,    presented    by 
Mr.  Rogers 163 

officers  of  cities,  election  of,  new  article,  presented  by  Mr.  Wig- 
gins.     191 

official  succession,  to  amend  Article  4,  presented  by  Mr.  Vedder. . 

267,  365,  373,  401,  402,  588,  594 

pardoning  power,  to  amend  Article  4,  presented  by  Mr.  Abbott. .  135 

to  amend  Article  4,  presented  by  Mr.  Blake 210 

to  amend  Article  4,  presented  by  Mr.  Hawley 163 

to  amend  Article  4,  presented  by  Mr.  R.  M.  Johnston 234 

to  amend  Article  6,  presented  by  Mr.  A.  B.  Steele 84 

Pardons,  Board  of,  to  create,  to  amend  Article  4,  presented  by 
Mr.  Arnold 169 

passes,  prohibiting  public  officers  from  riding  on,  to  amend  Article 

1,  presented  by  Mr.  E.  R.  Brown.    (See  Vote) 50,  401, 

497,  550,  614,  616,  617 

pensions  to  civil  officers,  etc.,  prohibiting,  A.rticle  3,  presented  by 
Mr.  Roche 110,  210,  359,  371,  375,  376,  434 

people,  rights  of  the,  to  amend  Article  7,  presented  by  Mr.  Dean . .     44 

personal  injuries,  damages  for,  to  amend  Article  1,  presented  by 
Mr.  Smith 239,  481 

petition,  divorces  and  lotteries,  to  amend  Article  1,  presented  by 
Mr.  Tekulsky 235,  444 

Police  Justices  and  Justices  of  Inferior  Courts,  to  amend  Article 
6,  presented  by  Mr.  R.  M.  Johnston 63,  244 

political  purposes,  use  of  money  for,  presented  by  Judiciary  Com- 
mittee.   (See  Vote) 480,  538,  539,  546,  739 

Preamble  and  Bill  of  Rights,  to  amend,  presented  by  Mr.  Wood- 
ward   170 

preamble,  to  amend,  presented  by  Mr.  Woodward 756 

Presidential    Electors,    election   of,    new     article,     presented    by 
Mr.  Lauterbach 49,  340 

primaries  and  elections,  corrupt  practices  at,  to  amend  Article  2, 
presented  by  Mr.  Foote 330 

prisoners,    employment   of,    to    amend    Article     3,    presented    by 
Mr.  McDonough.    (See  Vote) 122,  419,  500,  551,  619 


INDEX.  947 

Overtures,  relating  to  —  (Continued):  Page, 

prisons  and  asylums,  inmates  of,  to  amend  Article  1,  presented  by 

Mr.  Tucker 266,  345,  420 

private  and  local  bills,  to  amend  Article  3,  presented  by  Mr.  Doty, 

123,  259 
property,    conveyances    of,    to    amend    Article    3,    presented    by 

Mr.  Kellogg 303 

for  public   uses,   taking,   to   amend   Article   1,   presented   by 

Mr.  Hottenroth 337,  481 

for  public  use,  taking,   to  amend    Article    1,   presented    by 

Mr.  Hottenroth 110 

jurisdictional  defects  in  titles  to,  to  amend  Article  1,  presented 

by  Mr.  Kellogg 303 

private,  for  public  use,  taking,  to  amend  Article  1,  section 

7,  presented  by  Mr.  Marks.    (See  Vote) 43,  340,  344,  352 

real  and  personal,  taxation  of,  to  amend  article  3,  presented  by 

Committee  on  Finance  and  Taxation 473 

rights    of    owners    of,    to    amend    Article    1,    presented    by 

Mr.  Davis 235 

taken    for    public    use,    to    amend    Article    1,    presented    by 

Mr.  Sandford 162,  252 

taking  for  public  use,  to  amend  Article  1,  presented  by  Mr.  H. 

A.  Clark ." 364,  371 

taking    for    public    use,  to    amend    Article    1,  presented    by 

Mr.  Marks 368,  372,  404,  405,  455,  456,  457 

taking    for    public    use,  to    amend    Article    1,  presented    by 

Mr.  Marks 361 

taking  for  public  use,  to  amend  Article  1,  presented  by  Mr.  C. 

H.  Truax . .  364,  371 

taxation  of,  new  article,  presented  by  Mr.  Kellogg 324 

uniform  and  equal  taxation  of,  new  article,  presented  by 

Mr.  Kellogg 303 

proportional  representation,  new  article,  presented  by  Mr.  Bige- 

low  (by  request) 319,  404 

public  franchises,  railroads  and  other  corporations  occupying,  to 

amend  Article  8,  presented  by  Mr.  Dean Ill 

public  funds,  use  of,  by  public  officers,  to  prevent,  new  article, 

presented  by  Mr.  I.  S.  Johnson 123 

public  money  for  sectarian  purposes,  to    amend    Article  8,  pre- 
sented by  Mr.  Emmet 204 

public  officers,  compensation  of,  to  amend  Article  3,  presented  by 

Mr.  Mereness 50,  132,  354,  386,  397,  466,  468,  469 

free  transportation  for,  new  article,  presented  by  Mr.  Mar- 
shall       51 

method    of    electing,    to    amend    Article    2,    presented    by 

Mr.  Durf ee  (by  request) 330 

method    of    electing,    to    amend    Article    2,    presented     by 

Mr.  Hedges 394,  420 

removal  of,  by  the  Governor,  to  amend  Article  10,  presented 
by  Mr.  Becker 331,  459 


948  INDEX. 

Overtures,  relating  to  —  (Continued) :  Page. 

Public  Works,  Superintendent  of,  election  of,  to  amend  Article  5, 

presented  by  Mr.  Roche 204 

railroads,  competing  lines  of,  to  amend  Article  8,  presented  by 

Mr.  Griswold 329 

rates  and  charges  by,  new  article,  presented  by  Mr.   Corn- 
well 368,  372,  376,  485 

railway  franchises,  to  amend  Article  3,  presented  by  Mr.  Hot- 

tenroth 337 

real  estate,  to  protect  innocent  purchasers  of,  new  article,  pre- 
sented by  Mr.  Goeller 266,  400 

referees,     election     of,     to     amend     Article     6,     presented     by 

Mr.  Tucker 222,  341 

Regents,  Board  of,  to  amend  Article  9,  presented  by  Mr.  Sand- 
ford 244 

religious  freedom,  to  guarantee,  to  amend  Article  1,  section  3,  pre- 
sented by  Mr.  Dean 44,  424 

religious   liberty,   to  amend  Article   1,   presented   by   Mr.   Fran- 
cis   218,  446 

to  amend  Article  1,  presented  by  Mr.  Roche 162 

revision  of  legislative  bills,  council  for,  to  amend  Article  4,  pre- 
sented by  Mr.  Abbott 134,  424 

rights,  natural  and  personal,  to  protect,  to  amend  Article  1,  pre- 
sented by  Mr.  Smith.  .  .. : 375,  385,  481 

roads,  making  free  all  public,  new  article,  presented  by  Mr.  Roche 

(by  request) 394,  420 

salt  springs,  to  amend  section  7  of  Article  7,  presented  by  Mr.  Al- 

vord.     (See  Vote.) 42,  325,  347,  453,  509,  599 

savings  banks,  unclaimed  deposits  in,  to  amend  Article  8,  pre- 
sented by  Mr.  Kellogg 198,  460 

school  funds,  to  amend  Article  9,  presented  by  Mr.  Gilleran 329 

officers,  females  to  vote  for,  to  amend  Article  2,  presented 

by  Mr.  Ackerly 335 

schools,  free  common,  to  amend  Article  9,  presented  by  Commit- 
tee on  Education.     (See  Vote.) 469,  488,  499,  530,  536,  544 

551,  623,  710,  714 

sectarian   appropriations,   prohibiting,   to   amend   Article   8,   pre- 
sented by  Mr.  Cornwell 267 

to  amend  Article  8,  presented  by  Mr.  Holls 42,  424 

to  amend  Article  8,  presented  by  Mr.  Holls 256 

to  prevent,  to  amend  Article  8,  presented,  by  Mr.  C.  S.  Truax. .  336 
Senate  and  Assembly  districts,  apportionment  of,  to  amend  Arti- 
cle 3,  presented  by  Mr.  E.  R.  Brown.    (See  Vote) . .  430,  504,  532, 
540,  541,  548,  549,  551,  552,  554,  555,  579,  583,  609, 

660,  671,  675,  688 

Senate  and  Assembly,  future  organisation  of  the,  to  amend  Arti- 
cle 3,  presented  by  Mr.  Peck 337 

Senators  and  Members  of  Assembly,    lengthening    terms    of,  to 
amend  Article  3,  presented  by  Mr.  Mantanye 85 


INDEX.  949 

Overtures,  relating  to  —  (Continued) :  Page, 

number  of,  to  amend    Article    3,  presented    by    Mr.  Cookin- 

ham 110 

salary    of,    to    amend    Article    3,    section    6,    presented     by 

Mr.  Marks 43,  365,  505 

Senators  and  Members  of  Assembly,  to  amend  Article  3,  relat- 
ing to  tenure  of  office  of,  presented  by  Mr.  J.  G.  Davies 302 

Senators,  number  of,  etc.,  to    amend    Article    3,    presented    by 

Mr.  Jacobs 109 

Sheriff  and  other  county  officers,  tenure  of  office  of,  to  amend 

Article  10,  presented  by  Mr.  Mantanye 303 

Sheriffs,  to  amend  Article  10,  presented  by  Mr.  Tibbetts 51 

soldiers'  and  sailors'  homes,  new  article,  presented  by  Mr.  W.  H. 

Nichols ...  338,  446 

soldiers'  homes,  voting  by  inmates  of,  to  amend  Article  11,  pre- 
sented by  Mr.  Cochrane 336 

speech,  freedom  of,  and  of  the  press,  to  amend  Article  1,  pre- 
sented by  Mr.  E.  R.  Brown 239 

State,  city,  county,  town    or    village,    moneys    collected    for,  to 

amend  Article  8,  presented  by  Mr.  A.  H.  Green 424,  435,  443 

State  contracts,  to  amend  Article  7,  presented  by  Mr.  Banks 337 

credit,  giving  or  loaning  of,  to  amend  Article  8,  presented  by 

Mr.  Doty : 164 

credit    of,     loaning,     to    amend     Article     8,     presented    by 

Mr.  Forbes 320 

delegation  of  powers  of  the,  to  amend  Article  1,  presented  by 

Mr.  Osborne 336,  345 

Engineer,  etc.,  election  of,  to  amend  Article  1,  presented  by 

Mr.  Lauterbach 49 

Engineer  and  Surveyor,  to  abolish  office  of,  to  amend  Article  5, 

presented  by  Mr.  Bigelow 320 

finances  and  taxation,  to  amend  section  13  of  Article  1,  pre- 
sented by  Mr.   McMillan 43 

interest  bearing  debt  of  the,  to  prohibit,  to  amend  Article  7, 

presented  by  Mr.  Tucker 190 

of  New  York  an  inseparable  part  of  the  Federal  Union,  to 
declare,  to  amend  Article  1,  presented  by  Mr.  C.  A.  Fuller. 

(See  Vote) ; Ill,  382,  390 

officers,    election    of,    to    amend    Article    5,    presented     by 

Mr.  Andrew  Frank 338 

perpetual  ownership  by  the,  to  amend  Article  8,  presented 

by  Mr.  Tucker 364.  372,  419 

stockholders,    liability    of,    to    amend    Article    8,  presented    by 

Mr.   Mclntyre.    .    .   135 

strikes  and  lockouts,  arbitration    in,  to    amend    Article    3,  pre- 
sented by  Mr.  Gibney 337 

suffrage,  in  city,  town  and  village,  to    extend    the    right    of,  to 

amend  Article  1»,  presented  by  Mr.  McKinstry &6,  261,  408 

to  amend  Article  2,  presented  by  Mr.  Abbott 234,  403 


950  INDEX. 

Overtures,  relating  to  suffrage -- (Continued):  Page, 

to    amend    Article    2,    presented    by    Mr.    Lauterbach.     (See 

Vote.) 262,  332,  497,  502,  551,  621,  622 

to  amend  Article  2,  presented  by  Mr.  Tibbetts 321,  402 

Supervisors,  boards  of,  to  fix  compensation  of  county  and  town 
officers,  to  amend  Article  3,  presented  by  Mr.  Gibiiey..  252,  415,  429 
boards  of,  to  amend  Article  3,  presented  by  Mr.  Mantanye,  51,  430 
election  of,  to  amend  Article  3,  presented  by  Mr.  Mantanye . .  303 
Supreme    Court    justices    to    fill    vacancies,  appointment    of,  to 

amend  Article  6,  presented  by  Mr.  B.  R.  Brown 169 

Supreme  Court,  powers  of  justices  of,  to  amend  Article  6,  pre- 
sented  by  Mr.   Kellogg 135 

Surrogate,  to  make  a  separate  office  of,  new  article,  presented  by 

Mr.  Maybee 63 

Surrogates'  and  Justices'  Courts,  to  amend  Article  6,  presented 

by  Mr.  A.  B.  Steele 169 

Surrogates'  Courts,  to  amend  Article  6,  presented  by  Mr.  Lincoln,  170 
taxable    property,    statements    of,    new    article,    presented     by 

Mr.   Kellogg 303 

taxation,   exemption  from,   to    amend    Article    7,   presented    by 

Mr.  Pratt 240 

exempting  property  from,  to  amend  Article  7,  presented  by 

Mr,  Kellogg 63 

local,  to  amend  Article  7,  presented  by  Mr.  Gibney... 337 

taxation,  to  amend  Article  3,  presented  by  Mr.  O.  A.  Fuller 256 

to  amend  Article  7,  presented  by  Mr.  Pratt 240,  474 

tenure  of  office,  to  amend  Article  10,  presented  by  Mr.  Johnston . .     f»2 
town  governments,  to  amend  Article  3,  presented  by  Mr.  Floyd 

(by  request) 336,  429 

trial  by  jury,  to  amend  Article  1,  presented  by  Mr.  E.  A.  Brown . . 

198,   338,  349 

trials,  to  amend  Article  6,  presented  by  Mr.  Woodward 124 

trusts  and  combinations,  new  article,  presented  by  Committee  on 

Corporations 424,  446 

trusts,  to  amend  Article  8,  presented  by  Mr.  Storm 122 

two-thirds  bills,  to  amend  Article  3,  presented  by  Mr.  Barrow . . 

85,  432,  447,  485,  494,  514 

veto  power,  to  amend  Article  4,  presented  by  Mr.  Root 235 

villages,    incorporation    of,   to    amend    Article    8,  presented    by 

Mr.  Mereness 50.  430 

vote  by  inmates  of  soldiers  and  sailors'  homes,  to  amend  Article 

2,  presented  by  Mr.  Parkhurst 239 

vote,  inmates  of  soldiers  and  sailors'  homes,  right  to,  to  amend 

Article  2,  presented  by  Mr.  Jenks 168 

voters,  disfranchising  certain,  to  amend  Article  2,  presented  by 

Mr.   O'Brien.     (See  Vote) 123,  425,   477,   509,  598 

educational  qualification  for,  to  amend  Article  2,  presented  by 
Mr.  Alvord.  .  .  123 


INDEX.  951 

Overtures,  relating  to  voters  —  (Continued) :  Page, 

educational  qualification  for,  to  amend  Article  2,  presented  by 

Mr.  Barhite 123,  417 

educational  qualification  for,  to  amend  Article  2,  presented  by 

Mr.  Lincoln 52 

property  qualification  for,  to  amend  Article  1,  presented  by 

Mr.  Tucker 204,  404 

qualification  of,  to  amend  Article  2,   presented   by   Mr.   Gil- 
bert    42,  426,  428 

qualification  of,  to  amend  Article  2,  presented  by  Mr.  Good- 

elle 163 

qualification  of,  to  amend  Article  2,  presented  by  Mr.  Lincoln,  111 
qualification  of,  to  amend  Article  2,  presented  by  Mr.  May- 
bee 191 

qualifications  of,  to  amend  Article  2,  presented  by  Mr.  Moore. . 

191,  402, 
registration  of,  to  amend  Article  2,  presented  by  Mr.   Bige- 

low 319 

registration  of,  to  amend  Article  2,  relating  to,  presented  by 

Mr.  Lincoln Ill 

registration  of,  to  amend  Article  2,  presented  by  Mr.  W.  H. 

Nichols.     (See  Vote) 256,  426,  558,  559,  616,  691,  692 

voting  age,  to  amend  Article  2,'  presented  by  Mr.  Dickey 162 

residence  for  the  purpose  of,  to  amend  Article  2,  presented 

by  Mr.  Lester 252 

to    enforce    the    duty    of,    «to    amend    Article    2,    presented 

by   Mr.  Holls 63,   333,  387 

witnesses,  detention  of,  to  amend  Article  1,  presented  by  Mr.  Ham- 

lin 324 

women,     enfranchising,     to     amend     Article     2,     presented     by 

Mr.  Dean 44,  402 

who  are  taxpayers,  voting  by,  to  amend  Article  2,  presented 

by  Mr.   Lincoln Ill,  402 

Overtures,  committee  reports    on,  resolution    offered    by  Mr.  W.  H. 

Nichols.     (See  Resolutions.) 

final  disposition  of,  resolution  offered  by  Mr.  C.  B.  Mclaughlin..  738 
for  rule  limiting  debate  on,   resolution  offered   by   Mr.   Cookin- 

ham.     (See  Resolutions.) 
order  of  consideration  of  in  Committee  of  the  Whole,  resolution 

offered  by  Mr.  Cookinham 699 

printing  of,  relating  to,  resolution  offered  by  Mr.  I.   S.  Johnson. 

(See  Resolutions.) 

Overtures,    relating    to,    resolution    offered    by    Mr.     Vedder.     (Sec 
Resolutions.) 

rule  for  consideration  of  on  third  reading,  offered  by  Committee 
on  Rules 558 

61 


952  INDEX:. 

p. 

Page. 
Pages,  to  increase  the  compensation  of,  offered  by  Mr.  Smith 850 

Palmer,  Samuel,  appointed  Page 47 

Pardoning  power,  relating  to,  presented  by  Mr.  Abbott.    (See  Over- 
tures.) 

relating  to,  presented  by  Mr.  Blake.    (See  Overtures.) 
relating  to,  presented  by  Mr.  Hawley.     (See  Overtures.) 
relating  to,  presented  by  Mr.  R.  M.  Johnston.     (See  Overtures.) 
to  amend  Article  6,  relating  to,  presented    by    Mr.  A.  B.  Steele. 
(See  Overtures.) 

Pardons,  board  of,  to  create,  relating  to,  presented  by  Mr.  Arnold.    (See 

Overtures.) 
court  of,  providing  for,  to  amend  Article  4,  section  5,  relating  to, 

presented  by  Mr.  Marks.    (See  Overtures.) 
resolution  offered  by  Mr.  Kellogg,  relating  to.    (See  Resolutions.) 

Parker,  Myron  L.,  delegate,  Twenty-ninth  Senate  district,  Lyndonville, 

Orleans  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  petition  favoring,  presented  by 59 

lands,  agricultural,  drainage  of,  relating  to,  presented  by.    (See 

Overtures.) 

member  of  Committee  on  Legislative  Powers 29 

member  of  Committee  on  Preamble 29 

member  of  Committee  to  attend  the  funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

sectarian    appropriations,    against,  petition    presented    by.    (See 

Petitions.) 

Parkhill,  Emmet  W.,  appointed  Assistant  Secretary 29,  850 

oath  of  office  administered  to 47 

Parkhurst,  John  F.,  delegate-at-large,  Bath,  Steuben  county 11 

certificate  of  the  State   Board   of   Canvassers   to   election   of,    as 

delegate-at-large 11 

chairman  of  Committee  on  County,  Town  and  Village  Officers 32 

female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 

member  of  Committee  on  Judiciary 30 

member  of  Committee  on  Suffrage 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

religious  institutions,  for  inspection  of,  petition  relating  to,  pre- 
sented by.     (See  Petitions.) 

sectarian  appropriations,  petition  against,  presented  by 187 

teller,  appointed  as 633 

voting  by  inmates  of  soldiers'  and  sailors'  homes,  relating  to,  pre- 
sented by.     (See  Overtures.) 


INDEX.  .  953 

Page. 
Parmenter,   Roswell    A.,    delegate,    Eighteenth   Senate   district,   Troy, 

Rensselaer  county  13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Constitutional  Conventions,  future,  relating  to,  presented  by.     (See 

Overtures.) 
county,  city,  town  and  village  officers,  mode  of  changing,  relating 

to,  presented  by.     (See  Overtures.) 
Court  of    Appeals,    judges    of,    relating    to,  presented    by.     (See 

Overtures.) 

member  of  Committee  on  Constitutional  Amendments 34 

member  of  Committee  on  Judiciary 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

teller,  appointed  as 714 

vote  received  by,  for  President  of  the  Convention 15 

Pashley,  Charles  L.,  delegate,  Sixth    Senate    district,    Brooklyn,    115 

Broadway,  New  York  city 21 

member  of  Committees  on  Railroads  and  Contingent  Expenses 414 

oath  or  office  administered  to,  by  the  President 414 

seated  as  a  delegate 413 

seat  of  Eugene  A.  Curran  contested  by.     (See  Seats  Contested) 21 

Passes,  communication  relating    to,  to    print    resolution,  offered    by 

Mr.  Floyd  400 

Passes,  to  prohibit  public  officers  from  riding  on,   relating  to,  pre- 
sented by  Mr.  E.  R.  Brown.     (See  Overtures.) 

Payne,  Hon.  S.  E.,  privileges  of  the  floor  granted  to,  on  motion  of 

Mr.  Cornwell 699 

Peabody,  Amos  H.,  delegate,  Eighteenth  Senate  district,  New  Lebanon, 

Columbia  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  Charities 33 

member  of  Committee  on  County,  Town  and  Village  Government. .     31 

member  of  Committee  on  Forests  and  Water-sheds 406 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Peck,    John    Hudson,    delegate,    Eighteenth    Senate    district,    Troy, 

Rensselaer  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

Delegate 12 

cHfc  service,  overture  relating  to,  to  amend,  motion  made  by . .  742,  743 
drains  and  ditches,  to  amend  overture  relating  to,  motion  made  by,  747 
education,  relating  to,  presented  by.  (See  Overtures.) 

female  suffrage,  petition  favoring,  presented  by 82 

Francis,  John  M.,  resolution  relating  to  the  attack  on,  made  by  the 
Albany  Argus,  offered  by 342 


954  INDEX. 

Peck,  John  H. —  (Continued):  Page, 

free  common  schools,  to  amend  overture  relating  to,  motion  made 

by 710 

judiciary,  to  amend  overture  relating  to  the,  motion  made  by 643 

member  of  Committee  on  Education 33 

member  of  Committee  on  Legislative  Organization 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

point  of  order  raised  by 581 

question  of  privileges,  relating  to  the  attack  on  Mr.  Francis,  by 342 

rules,  to  amend,  motion  made  by , 106,  113,  114 

seats  contested  (Putnam  and  Sullivan),  report  of  Committee  on 

Privileges  and  Elections  on,  motion  made  by,  relating  to 231 

Senate  and  Assembly,  future  organization  of,  relating  to,  presented 

by.    (See  Overtures.) 
vote  received  by,  for  President  of  the  Convention 16 

Pensions    to    civil    officers,    prohibiting,    relating    to,    presented    by 
Mr.  Roche.    (See  Overtures.) 

People,    rights    of   the,    relating    to,    presented   by    Mr.    Dean.     (See 

Overtures.) 
Perpetual    ownership    by     the     State,     relating     to,     presented     by 

Mr.  Tucker.     (See  Overtures.) 

Personal  injuries,  damages  for,  relating  to,  presented  by  Mr.  Smith. 
(See  Overtures.) 

Persons  naturalized,  clerks  of  certain  courts  to  report  relating  to,  pre- 
sented by  Mr.  Roche.     (See  Resolutions.) 

Petitions,  presented  by: 

Mr.  Alvord,  compulsory  voting,  relating  to 423 

taxation,  relating  to 423 

Mr.  Barhite,  express  rates,  relating  to 432 

property  taxable,  held  by  women,  relating  to 399 

Mr.  Becker,  coroner,  abolishing  office  of,  petition  favoring 108 

of  Harvey  W.  Putnam,  contesting  the  seat  hold  by  Herman  F. 

Trapper.     (See  Seats  Contested.) 

of  Thomas  A.  Sullivan,  contesting  the  seat  held  by  Charles 
Beckwith.     (See  Seats  Contested.) 

Mr.  Bigelow,  jurors,  for  reform  of  manner  of  selecting 352 

Mr.  Dean,  Christian  government,  petition  recognizing  this  as  a. ...  247 
Mr.  Durfee,  Senators  and  Assemblymen,  against  increasing  num- 
ber and  pay  of 241 

Mr.  Francis,  caucuses,  relating  to ^^:  442 

State  institutions,  for  the  inspection  of  various 3Wv  10S 

Mr.  Goodelle,  charitable  institutions,  sailors  in.  for  right  to  vote, 

relating  to : . .  298 

Mr.  Hill,  public  school  system  from  politics,  divorce  of,  petition 

relating  to 344 

Mr.  Hirschberg.  church  property,  for  taxation  of 262 


INDEX.  !)55 

Petitions,  presented  by  —  (Continued):  Page. 

Mr.  Johnston,  industries  carried  on  within  city  limits,  relating  to. .  399 

Mr.  Lester,  elections  and  caucus  meetings,  relating  to 432 

Mr.  McKinstry,  Erie  canal,  relating  to  sale  or  enlargement  of  the.  379 
Mr.  Morton  of  William  H.  Davis,  Henry  J.  Brown,  Christian  F. 
Gull,  Luther  W.  Emerson  and  George  W.  Tompkins,  contesting 
the  seats  held  by  Mirabeau  L.  Towns,  William  H.  Cochran,  John 
G.  Schumaker,  John  B.  Meyenborg  and  Almet  F.  Jenks.  (See 
Seats  Contested.) 

of  Wm.  H.  Johnson,  to  strike  word  "  color  "  from  the  Consti- 
tution, presented  by 40,  53 

of  John  C.  Kinkel,  Charles  L.  Pashley,  William  Deterling,  J. 
Lott  Nostrand  and  Charles  J.  Kurth,  contesting  the  seats 
held  by  James  W.  Riggs,  Eugene  A.  Curran,  George  W. 
Roderick,  William  M.  Mullen  and  Thomas  W.  Fitzgerald. 
(See  Seats  Contested.) 

Mr.  Moore,  pool  selling,  relating  to 433 

Mr.  Porter,  coroners,  relating  to 147,  261 

Mr.  Powell,  nominations  by  direct  vote  of  the  people,  favoring 379 

Mr.  President  (Choate),  apportionment,  relating  to 268 

bequests,  limiting,  relating  to 400 

Children's  Homes,  petition  relating  to 220 

corporations,  limiting  capitalization  of,  relating  to 233 

criminal  cases,  new  trials  in  certain,  relating  to 233 

elections,  municipalities  and  taxation,  relating  to 238 

life,  liberty  and  happiness,  relating  to 414 

liquor  traffic  for,  taxing  the 268 

Mr.  Trapper,  petition  against  unseating 233 

of  Charles  L.  Hallerstadt,  contesting  the  seat  held  by  Leonard 
Giegerich.  (See  Seats  Contested.) 

officers,  election  of,  by  direct  vote  of  the  people,  relating  to 400 

official  ballots,  relating  to  printing 434 

political  caucuses,  relating  to ,392,  457 

poor,  relating  to  the  condition  of  the 334 

State  officers,  certain,  relating  to 233,  258 

State's  prisons,  employment  of  inmates  of,  relating  to 241,  351 

vice,  for  State  regulation  of '. 268 

Mr.  Smith,  Court  of  Arbitration,  favoring  a,  petition  presented  by,  327 
Mr.  Springweiler,  wages,  payment  of,  by  employers,  relating  to . .  344 

Mr.  Storm,  pool  selling,  relating  to 423 

Mr.  Tekulsky,  divorces  and  lotteries,  right  of,  relating  to.     (See 

Overtures.) 
Mr.  Tucker,  non-sectarian  education  of  children,  relating  to 363 

Petitions,  civil  service,  favoring,  presented  by: 

Mr.  Alvord 233 

Mr.  Arnold 238 

Mr.  Becker.  .  , 424 

Mr.  Bigelow 237,  247 

Mr.  Dnrfee.  .  .  262 


956  INDEX. 

Petitions,  civil  service,  favoring  —  (Continued) :  Page. 

Mr.  Foote 221,  233 

Mr.  Goodelle 221 

Mr.  Hamlin 240 

Mr.  Hirschberg 262 

Mr.  Hill 221 

Mr.  Lewis,  C.  H 247 

Mr.  McMillan 233,  309 

Mr.  Osborn 221,  238 

Mr.   President  (Choate) 205,  220,  233,  237,  240,  247,  253,  261, 

268,  304,  308,  327,  344,  369,  457 

Mr.  Putnam 344 

Mr.  Veeder 218 

Petitions,  convict  labor,  against  employment  of,  presented  by: 

Mr.  Francis 479 

Mr.  McArthur 261 

Mr.  McDonough 299 

Mr.  Moore 473 

Mr.  O'Brien 322 

Mr.  President 334 

Petitions,  female  suffrage,  against,  presented  by: 

Mr.  Alvord 55 

Mr.  Barnum 220 

Mr.  Bush 246 

Mr.  Countryman 202 

Mr.  Goodelle 309 

Mr.  Hamlin 309 

Mr.  Holls 59 

Mr.  J.  Johnson 218 

Mr.  Johnston 60 

Mr.  .Root 131 

Petitions,  female  suffrage,  favoring,  presented  by: 

Mr.  Abbott 82 

Mr.  Baker 253 

Mr.  Barhite 55,  108,  295 

Mr.  Barnum 119 

Mr;  Becker 352 

Mr.  Bigelow 361 

Mr.  Brown,  E.  A 253 

Mr.  Brown,  E.  R 165 

Mr.  Bush 59 

Mr.  Campbell 363 

Mr.  Carter 202,  205 

Mr.  Cassidy 83,  119 

Mr.  Church 59 

Mr.  H.  A.  Clark 107 

Mr.  Cornwell  .  69 


INDEX.  957 

Petitions,  female  suffrage,  favoring  —  (Continued) :  Page. 

Mr.  Countryman 131 

Mr.  Danforth 118 

Mr.  Davenport  131 

Mr.  Davies  . 82 

Mr.  Dickey 118 

Mr.  Doty .  59 

Mr.  Durf ee 60,  363 

Mr.  Fields 361 

Mr.  Fitzgerald,  T.  W 131 

Mr.  Floyd 108 

Mr.  C.  A.  Fuller 82 

Mr.  J.  I.  Gilbert 119 

Mr.  Gilleran 322 

Mr.  Goodelle 309 

Mr.  Griswold 82 

Mr.  Hamlin  .  .    . . 119 

Mr.  Hawley 118 

Mr.  Hedges 107,  118 

Mr.  Hill 118,  203 

Mr.  I.  S.  Johnson  352 

Mr.  Lauterbach 441 

Mr.  Lester : 159 

Mr.  C.  H.  Lewis 81 

Mr.  Lincoln 59,  263 

Mr.  Mantanye 82 

Mr.  Maybee 108 

Mr.  McArthur 108 

Mr.  McDonough 268 

Mr.  Mclntyre 361 

Mr.  McKinstry 60,  361 

Mr.  C.  B.  McLaughlin  107 

Mr.  Mereness - 118,  263 

Mr.  Moore 118,  131.  423 

Mr.  Morton 309 

Mr.  Mullen 361 

Mr.  Nichols 108 

Mr.  O'Brien , '. 59,  309 

Mr.  Osborn 118 

Mr.  Parker 59 

Mr.  Parkhurst 361 

Mr.  Peck 82 

Mr.  Phipps  119 

Mr.  Platzek 254 

Mr.  Pool ,  59.  165 

Mr.  Powell 261 

Mr.  Pratt 119 

Mr.  President  (Choate) 238,  327.  351,  400 

Mr.  Redman 55,  107 


058  INDEX. 

Petitions,  female  suffrage,  favoring  —  (Continued) :  Page. 

Mr.  Rowley 60 

Mr.  Schumaker 82 

Mr.  Spencer 82 

Mr.  A.  B.  Steele 108 

Mr.  W.  H.  Steele 82 

Mr.  Storm 246 

Mr.  Tibbetts 352 

Mr.  Titus 361 

Mr.  Tucker 117,  118,  202,  261,  298.  334,  363,  392 

Mr.  Van  Denbergh 119 

Mr.  Vedder 309 

Mr.  Wellington 82,  362 

Mr.  Wbitmyer 131 

Mr.  Wiggins 118 

Mr.  Woodward 82 

Petitions,  Indians,  education  of,  State  money  for,  presented  by: 

Mr.  Foote 165,  470 

Mr.   President  (Cboate) 117,  470 

Mr.  Wellington 187,  470 

Petitions,  intoxicating  liquors,  to  prevent  sale  of,  presented  by: 

Mr.  Barbite 240 

Mr.  Lincoln 368 

Mr.  McArtbur 131.  363 

Mr.  Moore 131 

Mr.  President  (Choate) 47,  159 

Petitions,  religious  institutions,  for  inspection  of,  presented  by: 

Mr.  Alvord 238 

Mr.  Barbite 220,  238 

Mr.  Carter. 247 

Mr.  Countryman 309 

Mr.  Crosby " 205 

Mr.  Davis  G.  A 241.  246 

Mr.  Francis 202,  220,  254 

Mr.  Hedges .' 202 

Mr.  Lester • 186,  238 

Mr.  Lyon '. 479 

Mr.  McDonough 344 

Mr.  Moore 247 

Mr.  Parkhurst 238 

Mr.  Powell 246 

Mr.  President  (Cboate) 220 

Mr.  Spencer 247 

Petitions,  sectarian  appropriations,  against,  presented  by: 

Mr.  Acker 241 

Mr.  Barbite.  .  .  261 


INDEX.  959 

Petitions,  sectarian  appropriations,  against  —  (Von'iimied):  Page. 

Mr.  E.  A.  Brown 194 

Mr.  Cady 238 

Mr.  Cookinhain 108,  165,  194,  220,  238 

Mr.  Corn-well 352,  361 

Mr.  Countryman 194 

Mr.  Crosby 40,  205 

Mr.  G.  A.  Davis 47 

Mr.  Dean 60,  194,  241,  369 

Mr.  Durfee 165,  195,  241,  263 

Mr.  Foote 194,  233 

Mr.  Francis 193,  242 

Mr.  Fuller 193 

Mr.  Gibney 195,  241 

Mr.  Hedges 195,  309 

Mr.  Hill 194 

Mr.  Holls 47,  187,  193 

Mr.  Jacobs 193 

Mr.  Lauterbach 193,  242 

Mr.  Maybee 194 

Mr.  Mclntyre 193 

Mr.  McLaughlin,  C.  B 194 

Mr.  O'Brien , 194 

Mr.  Parkhurst 187 

Mr.  Parker 194,  241 

Mr.  Pool 60,  117 

Mr.  President  (Choate) 47,  165,  195,  220.  304.  309.  334,  351,  369 

Mr.  Steele,   A.  B 309 

Mr.  Steele,  W.   H 202 

Mr.  Tibbetts 195 

Mr.  Wellington 194,  241 

Petitions,  favoring  employment  of  State  and  city  officers  on  merit,  pre- 
sented by: 

Mr.  Barhite 202 

Mr.  Goodelle 202 

Mr.  McMillan 202 

Mr.  Platzek.  .  . 193 

Mr.  President  (Choate) 186,  193,  201 

Phipps,  Charles  L.,  delegate,  First  Senate  district.  East  Iloekaway, 

Queens  county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

common  school  fund,  relating  to,  presented  by.     (See  Overtures.) 

female  suffrage,  petition  favoring,  presented  by 119 

files  of  records  to  be  kept  in  committee  rooms,  resolution  offered 
by.     (See  Resolutions.) 

member  of  Committee  on  Charities 33 

member  of  Committee  on  Banking  and  Insurance 33 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 


960  INDEX. 

Page. 
Plattsburgh  libraries,  complete  set  of  records  of  the  Convention  to  bo 

sent  to  the,  on  motion  of  Mr.  Moore 847 

Platzek,  M.  Warley,  delegate,  Eleventh  Senate  district,  New  York  city,     13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  MS 

delegate 12 

evening  sessions,  resolution  relating  to,  offered  by.    (See  Resolu- 
tions.) 

female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 
jurors,  verdict  of,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  Education 33 

member  of  Committee  on  Indians 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

previous  question,  on  the  report  of  the  Committee  on  Suffrage  on 
the  resolution    of    Mr.  Lincoln    on    suffrage,  moved    by.    (See 
Resolutions.) 
report  of  Judiciary  Committee  on  Overture,  relating  to  trials  by 

jury,  to  disagree  with,  motion  made  by 339 

rules,  to  amend,  motion  made  by 102,  104 

salt  springs,  motion  made  by,  to  print  amendments  made  in  the 

.Committee  of  the  Whole  to  overture  relating  to 347 

State  and  city  officers,  selection  of,  to  be  based  upon  merit,  petition 
relating  to,  presented  bjji    (See  Petitions.) 

Police  justices,  etc.,  to  amend  article  6,  relating  to,  presented  by  Mr.  R. 
XM.  Johnston.     (See  Overtures.) 

Political  caucuses,  petition  relating  to,  presented  by   Mr.   President 

(Choate) 392 

Political  purposes,  use  of    money  for,    relating  to,  presented    by  the 
Judiciary  Committee.     (See  Overtures.) 

Pool  selling,  relating  to,  petition  presented  by  Mr.  Moore 433 

Pool,  William,  delegate,  Twenty-ninth  Senate  district,  Niagara  Falls, 

Niagara  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  petition  favoring,  presented  by.     (See  Petitions.) 

member  of  Committee  on  Governor  and  State  Officers 30 

member  of  Committee  on  Printing 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

sectarian  appropriations,  petition  against,  presented  by 60.  117 

Pool,  W.  T.,  appointed  Messenger 28 

Poor,  to  improve  the  condition  of,  relating  to,  presented  by  Mr.  Presi- 
dent    334 

Population  by  counties,  to   print    copies   of    statement    of,  resolution 
offered  by  Mr.  Lincoln.     (See  Resolutions.) 


INDEX.  961 

Page. 
Porter,  James  S.,   delegate,   Thirtieth   Senate   district,   Buffalo,   Erie 

county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

citizens  to  vote,  right  of,  to  amend  article  2,  relating  to,  presented 
by.     (See  Overtures.) 

contested  seat  cases,  statement  in  relation  to,  made  by 287 

coroners,  qualifications  of,  relating  to,  presented  by.     (See  Over- 
tures.) 

relating  to,  presented  by.     (See  Overtures.) 
Medical  club  of  Buffalo,  petition  of,  relating  to  coroners,  presented 

by 247,  261 

member  of  Committee  on  Canals 31 

member  of  Committee  on  Indians 34 

minority  representation,  relating  to,  presented  by.     (See  Overtures.) 
oath  of  oflice  administered  to,  by  the  Secretary  of  State 10 

Powell,  Henry  A.,  delegate,  Third  Senate  district,  Brooklyn,  Kings 

county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  favoring,  petiti'on  presented  by.    (See  Petitions.) 
free  passes,  delegates  using,  relating  to.    (See  Resolutions.) 

member  of  Committee  on  Charities 33 

member  of  Committee  on  Constitutional  Amendments 34 

nominations  by  direct  vote  of  the  people,  petition  relating  to,  pre- 
sented by.    (See  Petitions.)  379 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

religious   institutions,   inspection   of,   petition   for,   presented   by. 

(See  Petitions) 246 

seats,  to  be  drawn  by  Senate  districts,  motion  made  by,  for 23 

vote  received  by,  for  Second  Vice-President 20 

Pratt,  Charles  R.,  delegate,  Twenty-seventh  Senate  district,  Elmira, 

Chemung  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

claims  against  the  State,  relating  to,  presented  by.     (See   Over- 
tures.) 
Committee  on  Rules  to  report  a  rule  fining  delegates  for  absence, 

motion  made  by 498,  499 

female  suffrage,  petition  favoring,  presented  by 119 

Justices  of  the  Peace,  etc.,  election  of,  relating  to,  presented  by. 
(See  Overtures.) 

member  of  Committee  on  Governor  and  State  Officers SO 

member  of  Committee  on  State  Finances  and  Taxation 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

paired  with  Mr.  Jenks 557 


INDEX. 

Pratt,  Charles  R.— (Continued):  Page, 

property  exempt  from  taxation,  Comptroller  to  report,  resolution 

offered  by.    (See  Resolutions.) 
property  exempt  from  taxation,   Secretary  to  make  list  of  acts 

relating  to,  resolution  offered  by.     (See  Resolutions.) 
taxation,  exemption  from,  relating  to,  presented  by.     (See  Over- 
tures.) 
relating  to,  presented  by.     (See  Overtures.) 

Prayer  offered  by  Rev.: 

Alden,  C.  A 260 

Battershall,  Walton  W 10 

Birdsall,  P 484 

Boulgourjoo,  A.  M 771 

Canada,  A.  P 542 

Dailey,  W.  N.  P 442 

Dayton,  L.  E.  322 

Davis,  E 421 

Doane,  William  C 159,  848 

Duff,  A.  K 59,  131,  193,  201,  246,  268,  297,  343,  362,  367,  375,  399, 

433,  491,  500,  531,  537,  560,  578,  688,  707,  719,  766 

Evans,  C.  P 81,  240,  334,  553 

Field,  Dr.  H.  M 547 

Flipse,  M 423 

Fulcher,  T.  B 28 

Giffen,  John 414 

Hardendorf,  C.  W 308,  358 

Henry,  J.  G 468 

Heindel,  G.  M 168,  429 

Johnson,  A.  T 205,  440 

Malone,  Father 165 

Mangan,  Joseph  H 369 

Messenger,  J.  H 262,  508 

Mclsaac,  J 504 

McKey,  D.  G.   . . . . 565 

Morrow,  S.  F 117,  304,  515 

Rockefeller,  D.  W.  G -253,  386,  391 

Schlesinger,  M 451 

Searles,  H.  C 327,  486 

Shirley,  R.  H 47,  287,  351,  479,  523,  739 

Stewart,  W.  C 237.  549 

Stryker,  Wolsey 825 

Thomson,  J.  J 456 

Thrall,  J.  B 107 

Van  Doren,  D.  W.  T 233,  636 

Walworth,  Father 220 

Williamson,  R.  D 378,  608 

Preamble  and  Bill  of  Rights,  minority  report  on 469 


INDEX.  96:* 

Page. 

Preamble  and  Bill  of  Rights,  relating  to,   by   Mr.   Woodward.     (See 
Overtures.) 

President,  motion  made  by  Mr.  Root  to  elect 15 

nomination  of  Joseph  H.  Choate  as 15 

election  of  Joseph  H.  Choate  as 15 

tellers  for  election  of,  appointed 15 

First  Vice,  nomination  of  Thomas  G.  Alvord  as 19 

election  of  Thomas  G.  Alvord  as 19 

oath  of  office  administered  to  Thomas  G.  Alvord  as 20 

tellers  for  election  of,  appointed 19 

Second  Vice,  nomination  of  William  H.  Steele  as 19 

election  of  William  H.  Steele  as 20 

oath  of  office  administered  to  William  H.  Steele  as 20 

tellers  for  election  of,  appointed 19 

Presidential  electors,  election  of,  relating  to,  presented  by  Mr.  Lauter- 
bach.     (See  Overtures.) 

Previous  question  moved  by: 

Mr.  Acker,  on  report  of  Committee  of  the  Whole,  on  overture  relat- 
ing to  the  waters  of  the  Niagara  river.  (See  Vote) 563 

Mr.  Ackerly,  on  report  of  Printing  Committee 290 

Mr.  Alvord,  on  motion  of  Mr.  Marks,  relating  to  report  of  the  Com- 
mittee on  Overture,  relating  to  taking  private  property  for  public 
use 353 

Mr.  Alvord,  on  motion  of  Mr.  Moore,  relating  to  sessions  of  the 
Convention 304 

Mr.  Alvord,  on  resolution  relating  to  adjournment  to  Saratoga 276 

Mr.  Arnold,  Judiciary  Committee,  on  report  of,  on  overtures 
relating  to  trials  by  jury • 339 

Mr.  Brown,  E.  R.,  on  motion  of  Mr.  Jenks  to  amend  resolution 
relating  to  submission  of  the  revised  Constitution 836 

Mr.  Brown,  B.  R.,  on  report  on  overture  relating  to  drainage  <>i 
agricultural  lands 709 

Mr.  Cookinham,  on  motion  of  Mr.  Mulqueen,  relating  to  address  to 
the  people 770 

Mr.  Crosby,  on  resolution  relating  to  adjournment  to  July  ninth . .  264 

Mr.  Dean,  contested  seat  cases  (Sixth  district),  relating  to.  (See 
Seats  Contested.) 

Mr.  Dean,  on  limiting  debate  on  subject  of  woman  suffrage 448 

Mr.  Dean,  on  motion  of  Mr.  Barhite  on  overtures  relating  to  num- 
ber of  jurors  for  verdict  in  a  civil  action 350 

Mr.  Dean,  on  motion  of  Mr.  McDonough  on  overture  relating  to 
Commissioner  of  Jurors 374 

Mr.  Dean,  on  motion  of  Mr.  Gibney  relating  to  overture  relating  to 
compensation  of  county  and  town  officers 415 

Mr.  Dean,  on  motion  of  Mr.  Mantanye  on  overture  relating  to 
coroner 359 

Mr.  Dean,  on  resolution  of  Mr.  Towns,  relating  to  Eugene  Debs. . .  305 


964  INDEX? 

Previous  question  moved  by  —  (Continued):  Page. 

Mr.  Dean,  on  report  of  Committee  on  Overture  relating  to  the 

State  of  New  York 382 

Mr.  Dean,  Sixth  Senate  district  seat  contested  case,  relating  to 325 

Mr.  Dickey,  on  report  of  Printing  Committee 290 

Mr.  Dickey,  on  resolution  of  Mr.  Kerwin,  relating  to  stenographer 

furnishing  copy  to  the  printer 312 

Mr.  Forbes,  on  report  of  Committee  on  Overture,  relating  to  dam- 
ages for  loss  of  human  life 389 

Mr.  Hamlin,  on  motion  of  Mr.  Goodelle,  relating  to  report  of  Judi- 
ciary Committee,  on  overtures  relating  to  jurors 350 

Mr.  Hawley,  on  report  of  Printing  Committee 293 

Mr.  Hirschberg,  contested  seats  cases  (Sixth  district),  relating  to. 

(See  Seats  Contested.) 
Mr.  Hotchkiss,  on  report  of  Judiciary  Committee  on  Overtures, 

relating  to  jurors 350 

Mr.  I.  S.  Johnson,  Sixth  Senate  district  seat  contested  case,  relat- 
ing to 326 

Mr.  Kellogg,  on  resolution  relating  to  adjournment  to  July  ninth. .  273 

Mr.  M.  E.  Lewis,  on  motion  for  adjournment 507 

Mr.  McClure,  on  motion  to  amend  overture  relating  to  the  Forest 

Preserve 686 

Mr.  McDonough,  on  motion  of  Mr.  Kerwin,  relating  to  submission 

of  the  revised  Constitution 835 

Mr.  J.  W.  McLaughlin,  on  report  of  Committee  on  Rules,  on  Rule 

21 499 

Mr.  Mullen,  on  motion  of  Mr.  Storm,  relating  to  adjournment  to 

July  ninth 274 

Mr.  Platzek,  on  the  adverse  report  of  the  Committee  on  suffrage, 

on  the  resolution  of  Mr.  Lincoln,  relating  to  suffrage 298 

Mr.  Root,  on  motion  confirming  action  of  striking  the  name  of 

Joseph  Koch  from  the  roll.    (See  Vote) 578 

Mr.  Root,  on  motion  of  Mr.  Marshall 559 

Mr.  Root,  on  motion  relating  to  session  of  the  Convention 686 

Mr.  Root,  on  motion  to  print  report  of  the  Committee  on  Legisla- 
tive Organization,  relating  to  Senate  and  Assembly  districts,  504,  505 

Mr.  Root,  on  rule  limiting  debate  on  overtures.    (See  Vote.) .' 515 

Mr.  Root,  sessions  of  the  Convention,  relating  to 436 

Mr.  Storms,  contested  seat  cases  (Sixth  district),  relating  to.    (See 

Seats  Contested.) 

Mr.  Storms,  on  resolution  offered  by  Mr.  C.  B.  McLaughlin,  relat- 
ing to  overtures 739 

Mr.  Vedder,  on  report  of  the  Committee  of  the  Whole,  on  over- 
ture relating  to  apportionment  of  Senate  and  Assembly  districts. 

(See  Vote.) 556 

Mr.  Vedder,  relating  to  the  modification  of  Rule  5f ,  regarding  tak- 
ing of  the  ayes  and  nays 517 

Primaries  and  elections,  corrupt  practices  at,  relating  to,  presented  by 
Mr.  Foote.    (See  Overtures.) 


INDEX.  965 

Page. 

Printing  contract,  relating  to,  resolution  offered  by  Mr.  E.  A.  Brown. 
(See  Resolutions.) 

Printing,  prompt,  resolution  relating  to,  offered  by  Mr.  I.  Sam  Johnson. 
(See  Resolutions.) 

Printing,  report  of  Committee  on 124,  164,  171  to  184,  186,  252,  255 

Prisoners,  employment  of,  relating  to,  presented  by  Mr.  McDonough. 
(See  Overtures.) 

Prisons  and  asylums,  inmates  of,  relating  to,  presented  by  Mr.  Tucker. 
(See  Overtures.) 

Private  property,  taken  for  public  use,  relating  to,  presented  by  Mr. 
Sandford.  (See  Overtures.)  - 

Privileges  and  Elections: 

Committee  on,  appointment  of 26 

Committee  on,  resolution  offered  by  Mr.  Hirschberg,  for  appoint- 
ment of 22 

Property,  assessment  of,  relating  to,  presented  by  Mr.  Kellogg.  (See 
Overtures.) 

Property,  conveyances  of,  relating  to,  presented  by  Mr.  Kellogg.  (See 
Overtures.) 

Property  exempt  from  taxation,  resolution  for  Comptroller  to  report 
on,  offered  by  Mr.  Pratt.  (See  Resolutions.) 

resolution  offered  by  Mr.  Kellogg,  relating  to.    (See  Resolutions.) 
Secretary  to  prepare  list  of  acts  relating  to,  resolution  offered  by 
Mr.  Pratt.    (See  Resolutions.) 

Property  for  public  use,  taking,  relating  to,  presented  by  Mr.  Hotten- 
roth.  (See  Overtures.) 

jurisdictional  defects  in  titles  to,  relating  to,  presented  by  Mr.  Kel- 
logg. (See  Overtures.) 

private,  for  public  use,  taking,  to  amend  article  1,  section  7,  relat- 
ing to,  presented  by  Mr.  Marks.  (See  Overtures.) 

private,  for  public  use,  taking,  relating  to,  presented  by 'Mr.  H.  A. 
Clark.  (See  Overtures.) 

private,  for  public  use,  taking,  relating  to,  presented  by  Mr.  Hot- 
tenroth.  (See  Overtures.) 

private,  for  public  use,  taking,  relating  to,  presented  by  Mr. 
Marks.  (See  Overtures.) 

private,  for  public  use,  taking,  relating  to,  presented  by  Mr. 
Marks.  (See  Overtures.) 

private,  for  public  use,  taking,  relating  to,  presented  by  Mr.  C.  H. 
Truax.  (See  Overtures.) 

private,  relating  to,  presented  by  Mr.  Davis.    (See  Overtures.) 

real  and  personal,  relating  to,  presented  by  the  Committee  on 
Finance  and  Taxatioa.  (See  Overtures.) 


966  INDEX. 

• 

Property  for  public  use  —  (Continued) :  Page. 

taxable,  statement  of,  relating  to,  presented  by  Mr.  Kellogg.  (See 
Overtures.) 

uniform  and  equal  taxation  of,  relating  to,  presented  by  Mr.  Kel- 
logg. (See  Overtures.) 

Proportional  representation,  relating  to,  presented    by    Mr.    Bigelow. 

(See  Overtures.) 
Society,  address  of  the,  presented  by  Mr.  Bigelow 241 

Pruyn,  Mrs.  J.  V.  L.,  invitation  from,  for  members  of  Convention  to 

dine  with.    (See  Resolutions) 164 

Public  franchises,  railroads,  etc.,  occupying,  relating  to,  presented  by 
Mr.  Dean.  (See  Overtures.) 

Public  funds,  use  of,  relating  to,  presented  by  Mr.  I.  S.  Johnson.  (See 
Overtures.) 

Public  moneys,  use  of,  for  sectarian  purposes,  relating  to,  presented  by 
Mr.  Emmet.  (See  Overtures.) 

Public  officers,  compensation  of,  to  amend  article  3,  relating  to,  pre- 
sented by  Mr.  Mereness.  (See  Overtures.) 

free  transportation  for,  new  article,  relating  to,  presented  by  Mr. 
Marshall.  (See  Overtures.) 

manner  of  electing,  relating  to,  presented  by  Mr.  Hedges.  (See 
Overtures.) 

method  of  electing,  relating  to,  presented  by  Mr.  Durfee.  (See 
Overtures.) 

removal  of,  relating  to,  presented  by  Mr.  Becker.     (See  Overtures.) 

Public  Works,  Superintendent  of,  relating  to,  presented  by  Mr.  Roche. 
(See  Overtures.) 

Putnam,  Harvey  W.,  delegate,  Thirtieth  Senate  district,  Buffalo,  Erie 

county  .  .• 21 

announcement  of  pair  with  Mr.  Blake 545 

civil  service,  petition  favoring,  presented  by.     (See  Petitions) 344 

claim  of,  for  expenses  in  contesting  seat.     (See  Seats  Contested.) 

Loomis,  F.  C.,  for  extra  compensation  for,  resolution  offered  by 847 

member  of  the  Special  Committee  on  Civil  Service. 323 

member  of  Committee  on  Industrials  in  place  of  Mr.  Trapper 308 

oath  of  office  administered  to,  by  the  President 286 

seated  as  a  member  of  the  Convention 286 

seat  of  Herman  F.  Trapper  contested  by.     (See  Seats  Contested) . .       2 


Q. 

Question  of  privilege,  raised  by  Mr.  Francis 343 

by  Mr.  I.  S.  Johnson 688 

by  Mr.  Peck .34 


INDEX.  967 

Page. 
Quorum,  question  as  to  presence  of,  raised  by  Mr.  Goodelle 601 

Quorum,  roll  call,  to  ascertain  presence  of 674,  690,  719,  724,  730,  746 

756,  771,  827 

E. 

Rail  in  rear  of  chamber,  to  restore,  resolution  offered  by  Mr.  E.  R. 
Brown.  (See  Resolutions.) 

Railroads,  charges  by,  relating  to,  presented  by  Mr.  Cornwell.  (See 
Overtures.) 

relating  to,  presented  by  Mr.  Griswold.    (See  Overtures.) 

resolution  relating  to,  presented  by  Mr.  Hottenroth.  (See  Resolu- 
tions.) 

street  and  elevated,  Railroad  Commissioners  to  furnish  informa- 
tion, relating  to,  resolution  offered  by  Mr.  A.  H.  Green.  (See 
Resolutions.) 

street  and  elevated,  relating  to,  resolution  offered  by  Mr.  A.  H. 
Green.  (See  Resolutions.) 

Railway  franchises,  relating  to,  presented  by  Mr.  Hottenroth.  (See 
Overtures.) 

Rathbone,  J.  H.,  appointed  Clerk . A 28 

Real  estate,  innocent  purchasers  of,  relating  to,  presented  by  Mr.  Goel- 
ler.  (See  Overtures.) 

Redman,  James  H.,  delegate,  Twenty-eighth  Senate  district,  Harnlin, 

Monroe  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  petition  favoring,  presented  by.  (See  Peti- 
tions)    55,  107 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  on  Railroads,  etc 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Referees,  election  of,  relating  to,  presented  by  Mr.  Tucker.  (See  Over- 
tures.) 

official  oath  required  to  be  taken  by,  communication  relating  to, 
presented  by  Mr.  President  (Choate) 369 

Regents,    Board   of,    relating   to,   presented    by    Mr.    Sandford.    (See 

Overtures.) 
Religious  freedom,  guaranteeing,  to  amend  article  1,  section  3,  relating 

to,  presented  by  Mr.  Dean.     (See  Overtures.) 

Religious  institutions,   for  inspection  of,   petition  presented  by   Mr. 

Francis.    (See  Petitions.) 

for  inspection  of,  petition  presented  by  Mr.  Hedges.  (See  Petitions.) 
tor  inspection  of,  petition  presented  by  Mr.  Lester.  (See  Petitions,) 

62 


968  INDEX. 

Page. 

Religious  liberty,  relating  to,  presented  by  Mr.  Francis.    (See  Over- 
tures.) 
relating  to,  presented  by  Mr.  Roche.     (See  Overtures.) 

Reporters,  designation  of 114,  115,  159,  186,  240,  253,  287,  414 

Resolutions  relating  to: 

address  to  the  people,  for  committee  to  draft,  offered  by  Mr.  Cook- 

inham 730,  769,  772 

address  to  the  people,  for  printing  the,  offered  by  Mr.  Lyon 846 

Apportionment,  Committee  on,  to  report,  offered  by  Mr.  Forbes 242 

adjournment,  sine  die,  for,  offered  by  Mr.  Cookinham 730 

to  July  9th,  offered  by  Mr.  Cookinham 248,  263,  264,  265,  273,  274 

anarchy,  relating  to,  offered  by  Mr.  Dean : 309,  322 

ayes  and  noes,  calling  of,  offered  by  Mr.  Root 579,  685 

ayes  and  nays,  Committee  on  Rules  to  report  an  amendment  to 

rule  57,  taking  of,  offered  by  Mr.  C.  B.  McLaughlin 517,  518 

banking  corporations,  overture  69,  for  extra  copies  of,  offered  by 

Mr.  Hamlin 254 

bills,  passage  of,  to  print  amendment  offered  to  overture,  offered 

by  Mr.  McMillan 431,  432 

business  before  committees,  condition  of,  offered  by  Mr.  Burr 438 

business  corporations,  Secretary  of  State  to  furnish  list  of,  offered 

by  Mr.  Barrow 121,  161,  208,  209 

canals,  cost  of  improvement  of,  State  Engineer  and  Superintendent 

of  Public  Works,  to  report,  offered  by  Mr.  Hottenroth 335, 

354,  377,  399 

overtures,  relating  to,  offered  by  Mr.  Cady 698 

relating  to,  offered  by  Mr.  Dean 315,  392,  394 

Capitol  employes,  thanks  to,  offered  by  Mr.  Barhite 838 

charitable  institutions,  State  Board  of  Charities  to  furnish  infor- 
mation, offered  by  Mr.  Kellogg 52 

cities,  classification  of,  offered  by  Mr.  J.  Johnson 562,  586 

funded  debt,  assessed  valuation,  rate  per  cent  of  tax  of,  etc., 

Mayors  of,  to  furnish  statement,  offered  by  Mr.  Roche,  40,  41,    56 
government  of,  for  special  committee  to  prepare  an  article  for 

the,  offered  by  Mr.  Jenks 524 

civil  service  reform,  offered  by  Mr.  R.  M.  Johnston 166,  218,  236,  237 

Special  Committee  on,  for,  offered  by  Mr.  J.  I.  Gilbert 203,  205 

Special  Committee  on,  to  add  an  additional  member  to,  by 

Mr.  Gilbert 323 

Claims,  Board    of,    causes    tried    before,  offered    by  Mr.   C.   B. 

McLaughlin 380,  427,  491 

claims  of  Messrs.  Kurth,  Nostrand,  Kinkel,  Pashley  and  Deterling, 

offered  by  Mr.  Tekulsky 770 

collateral  inheritance  tax,  Comptroller  to  report,  by  Mr.  A.  H.  Green, 

248,  256,  269,  273 
committee  meetings,  for  posting  notices  of,  offered  by  Mr.  Veeder. 

52,  53,  133 


INDEX.  969 

Resolutions  relating  to  committee  meetings  —  (Continued) :  Page. 

notice  of,  offered  by  Mr.  Doty 266 

relating  to,  offered  by  Mr.  A.  Frank 188 

offered  by  Mr.  Forbes 190 

Committee  of  the  Whole,  offered  by  Mr.  Dickey 328,  345 

committee  rooms,  for  committee  to  assign,  offered  by  Mr.  McMillan,     35 

report  of 53,     54 

committees,  final  report  of,  offered  by  Mr.  Moore 335,  355 

reports  of,  offered  by  Mr.  Francis 379 

reports  of,  offered  by  Mr.  Root 380 

standing  or  special,  reports  of,  offered  by  Mr.  Moore 335,  355 

to  report  memorials  and  petitions  in  their  hands,  offered  by 

Mr.  Moore 58,     61 

compiler,  to  report  certain  information,  offered  by  Mr.  Root. .  300,  305 
Comptroller  to  report  income  from  property  devoted  to  educational 

uses,  offered  by  Mr.  Holls 53,  119 

Comptroller  to  report,  salaries,  etc.,  paid  to  institutions  not  owned 

by  the  State,  offered  by  Committee  on  Education 53,  205 

confirming  action  of  striking  name  of  Joseph  Koch  from  the  roll, 

offered  by  Mr.  Root 578,  579 

Congressional  apportionment,  offered  by  Mr.  E.  R.  Brown 364 

Constitution,  phraseology  of  the  present,  Judiciary  Committee  to 

report  on  advisability  of,  resolution  offered  by  Mr.  Forbes 311 

proposed,  to  print  copies  of,  offered  by  Committee  on  Contingent 

expenses , 770,  771,  849 

revised,  publishing  of  the,  offered  by  Mr.  Becker 838 

revised,  submission  of,  to  the  people,  relating  to,  offered  by 

Mr.  Root.     (See  Vote) 831,  837 

to  maintain  subdivisions  of  the,  offered  by  Mr.  Hawley 314 

contested  seat  cases,  Putnam  and  Sullivan,  evidence  in,  offered  by 
Mr.  Root.     (See  Seats  Contested.) 

Convention,  hour  of  meeting  of,  offered  by  Mr.  Goodelle 249 

Journal  of,  to  dispense  with  the  reading  of,  offered  by  Mr.  I.  S. 

Johnson 314,  355 

length  of  deliberation  of,  Judiciary  Committee  to  report  as  to, 

offered  by  Mr.  Bigelow 311,  511 

proceedings,    contract    for    printing  of,  offered    by    Mr.  I.  S. 

Johnson 162 

relating  to  meeting  of  the,  offered  by  Mr.  Hedges 685 

results    of    the    work    of    the,    publication    of,    offered    by 

Mr.  Becker 376 

sessions  of,  offered  by  Mr.  E.  R.  Brown.     (See  Vote) . .  434,  436,  437 

sessions  of,  relating  to,  offered  by  Mr.  Moore 301,  304 

Cornell  University,  to  send  copies  of  records  to,  offered  by  Mr.  Tib- 

betts 161,  162,  167 

Coroner,  abolishing  office  of,  overture  offered  by  Mr.  Becker..  357,  359 
counties  and  villages,   indebtedness  of,   to  obtain   statement  of, 
offered  by  Mr.  Doty 314,  322 


970  INDEX. 

Resolutions  relating  to  —  (Continued) :  Page, 

counties,  funded  debt,  assessed  valuation,  rate  per  cent  of  tax,  etc., 
County  Treasurers  of,  to  furnish  statement,  offered  by  Mr.  Roche, 

41,    57 

County  Courts,  costs  of  terms  of,  offered  by  Mr.  Moore 121 

county  officers,  to    receive    a    stated    compensation,    offered    by 

Mr.  Roche 311,  312 

Court  of  Appeals  calendar,  offered  by  Mr.  C.  B.  McLaughlin 

275,  306,  317 
courts,  litigation  and  business  of,  offered  by  Judiciary  Committee, 

170,  187,  188,  247 
criminal  cases,  appeals  in,  District  Attorneys  to  report  number  of, 

offered  by  Mr.  Titus 221,  245 

criminals  indicted,  awaiting  trial,   District  Attorneys  to  report, 

offered  by  Mr.  J.  I.  Green 108,  109,  160,  164 

Crumb,  A.  B.,  to  pay  additional  compensation  to,  offered  by  Mr. 

A.  B.  Steele 689,  751,  830,  831 

daily  report  of  proceedings,  for  publication  of,  in  the  daily  news- 
papers,  Committee  on   Rules  to    ascertain    the    propriety    of, 

offered  by  Mr.   Becker 62,  132,  185,  186,  218,  219,  222, 

224,  250,  287,  290,  312,  813 

death  of  Mrs.  M.  E.  Lewis,  offered  by  Mr.  Barhite 201 

death  of  the  son  of  Mr.  McClure,  offered  by  Mr.  Bowers 531 

death  of  Hon.  W.  L.  Van  Denbergh,  offered  by  the  Special  Com- 
mittee   422 

Debates,  delay  in  printing,  relating  to,  offered  by  Mr.  Maybee,  328,  364 
Debates  of  the  Covention,  delay  in  printing,  offered  by  Mr. 

Kurth 636,  688,  709 

Debs,  Eugene,  relating  to  action  of  the  District  Attorney  of  the 

United  States,  regarding  the  trial  of,  offered  by  Mr.  Towns 305 

decorations  in  rear  of  President's  chair,   offered  by   Mr.   E.  A. 

Brown 195 

defalcations  by  County  Treasurers,  offered  by  Mr.  McKinstry,  429,  451 
delegates  desiring  leave  of  absence,  offered  by  Mr.  J.  I.  Green,  351,  363 
delegates  from  the  Sixth  Senatorial  district,  pay  of,  offered  by 

Mr.  Jacobs 443,  493,  600 

Dewey,  Melville,  of  thanks  to,  offered  by  Mr.  Goodelle 848 

educational  bureaus,   resolution  offered   by    the    Committee    on 

Education 318 

elections,  city  from  State,  to  separate,  to  print  overture,  offered  by 

Mr.  Becker 249 

elections,  manner  of,  overture,  offered  by  Mr.  Root.     (See  Over- 
tures.) 
elections,  municipal,  mayors  to  report,  offered  by  Mr.  Cady. . .  243,  257 

employes,  payment  of,  offered  by  Mr.  Acker 766 

engrossment,  to  be  done  in  typewriting,  offered  by  Mr.  Foote 435 

evening  sessions,  for,  offered  by  Mr.  Morton 379 

offered  by  Mr.  Platzek 380,  390 

evidence  in  seat  contested  cases,  Sixth  Senate  district,  printing  of, 
offered  by  Mr,  Cookinham.    (See  Seats  Contested,) 


INDEX.  9T1 

Resolutions  relating  to  — (Continued):  Page, 

express  and  mail  matter,  Secretary  to  make  contract,  offered  by 

Mr.  Gilbert 84,  115 

Fayell,  Joseph,  for  extra  pay  to,  offered  by  Mr.  B.  R.  Brown 

757,  765,  838 
female  suffrage,  Committee  on  Rules  to  report  a  rule  limiting 

debate  on  subject  of,  offered  by  Mr.  Cookinham 443,  448 

female  suffrage,  debates  on  subject  of,  to  print  extra  copies  of, 

offered  by  Mr.  McKinstry 452,  480 

files  of  General  Orders  to  be  placed  upon  members'  desks,  offered 

by  Mr.  McMillan 334 

files  of  records,  etc.,  to  be  kept  in  the  committee  rooms,  offered  by 

Mr.  Phipps 119,  120 

forests  and  water-sheds,  offered  by  Mr.  McClure 387,  397,  406 

Francis,  John  M.,  attack  on,  made  by  the  Albany  Argus,  offered 

by  Mr.  Peck 342 

free  passes,  delegates  using,  offered  by  Mr.  Powell 498 

Governor,  for  Convention,  in  a  body,  to  call  upon  the,  offered  by 

Mr.  McClure 23 

Hogg,  Gov.,  Governor  of  the  State  of  Texas,  extending  privileges 

of  the  floor  to,  offered  by  Mr.  Cookinham 249 

Judges,  Comptroller  to  furnish  statement  of  amount  paid  to,  under 

section  13  of  article  6  of  the  Constitution,  offered  by  Mr.  Roche . . 

40,  55,  56,  295 
Judges  of  the  Court  of  Appeals  and  the  Supreme  Court,  amount 

paid  to,  Comptroller  to  report,  offered  by  Mr.  Van  Denburgh,  301,  317 
Judges  of  the  Court  of  Appeals  and  the  Supreme  Court,  term  and 

ages  of,  Secretary  of  State  to  report,  offered  by  Mr.  Van  Den- 
burgh 301,  317,  344,  345 

judiciary  article  overture,  offered  by  Mr.  Dickey 584,  586 

judiciary  article,  to  print  extra  copies  of  the  minority  report  on 

the,  offered  by  Mr.  Vedder 453 

judiciary  article,  to  print  extra  copies  of,  offered  by  Mr.  Hamlin. . .  471 
Koch,  Joseph,  to  replace  name  on  the  roll,  offered  by  Mr.  Bush ...  578 
land  titles,  for  committee  to  report  relative  to  improving  methods 

of  dealing  with,  offered  by  Mr.  A.  H.  Green. ...  52,  188,  192,  318,  333 
lands  owned  by  the  State,  Comptroller  to  make  report  on,  offered 

by  Mr.  Roche 311,  365,  492,  496 

Loomis,  F.  C.,  for  extra  compensation  for,  offered  by  Mr.  Putnam, 

847,  848 

Manual  of  the  Convention,  offered  by  Mr.  Cochran 217,  221 

map  of  Senate  and  Assembly  districts,  State  Engineer  to  furnish, 

offered  by  Mr.  Becker 301,  308,  361 

map  of  Senate  and  Assembly  districts,  State  Engineer  to  furnish, 

offered  by  Mr.  Becker 513 

members,  attendance  of,  offered  by  Mr.  McClure 192 

murder,  indictments  for,  offered  by  Mr.  Blake 203,  224,  242 

naturalized  in  1893,  County  Clerks  to  report  number  of,  offered  by 

Mr.  Lincoln 62,  83,  370 


972  INDEX.  * 

Resolutions  relating  to  — (Continued):  Page, 

officers  to  remain  after  adjournment  of  the  Convention,  offered  by 

Mr.  Lester 847,  848 

officers  to  remain  after  adjournment  of  the  Convention,  offered  by 

Mr.  Root 847,  848 

official  ballots,  cost  of  printing,  offered  by  Mr.  Doty 443 

overtures,  adopted  by  the  Convention,  sending  copies  of,  to  the 

newspapers,  offered  by  Mr.  Lincoln 688 

being  placed  on  files,  offered  by  Mr.  I.  S.  Johnson 415 

certain,  to  print  extra  copies  of,  offered  by  Mr.  Hamlin 275 

certain,  to  print,  offered  by  Mr.  Roche 232 

committee  reports  on,  offered  by  Mr.  W.  H.  Nichols 259,  345 

consideration  of,  offered  by  Mr.  W.  H.  Nichols 549 

final  disposition  of,  offered  by  Mr.  C.  B.  McLaughlin.  738,  753,  754 
for  rule  limiting   debate    on,    offered    by    Mr.     Cookinham. 

(See  Vote) 469,  515,  525,  704 

for  transmission  of  copies  of  all,  to  the  law  libraries  of  the 

State,  offered  by  Mr.  McMillan 62,    83 

index  to,  offered  by  Mr.  I.  Sam  Johnson 190 

order  of  consideration  of  in  Committe  of  the  Whole,  offered  by 

Mr.  Cookinham 699 

printing  of,  offered  by  Mr.  I.  S.  Johnson 392 

printing  of,  offered  by  Mr.  Banks 160,  166,  167,  236 

relating  to,  offered  by  Mr.  Moore 60 

relating  to,  offered  by  Mr.  Vedder 196 

Pages,  to  increase  compensation  of,  offered  by  Mr.  Smith 850 

pardons,  relating  to,  offered  by  Mr.  Kellogg 83 

passes,  communication,  to  print,  offered  by  Mr.  Floyd 400 

persons  naturalized,  clerks  of  courts  of  counties  of  New  York, 
Kings,  Westchester,  Albany,  Rensselaer,  Schenectady,  Onon- 
daga,  Monroe  and  Erie,  to  furnish  information,  number  of, 

offered  by  Mr.  Roche 41,  56,  370 

population  by  counties,  to  print  copies  of  statement  of,  offered  by 

Mr.  Lincoln 323,  328 

President    of    France     (Carnot),     assassination    of,     offered    by 

Mr.  Bigelow 260,  378,  379 

previous  question,  etc.,  offered  by  Mr.  Bowers 363 

printing  contract,  offered  by  Mr.  E.  A.  Brown 196 

number  of  documents,  offered  by  the  Committee  on  Printing. . .  236 

prompt,  offered  by  Mr.  I.  Sam  Johnson 120,  135 

offered  by  Mr.  Crosby 215,  216,  475 

report  of  Committee  on,  to  refer  to  Judiciary  Committee,  offered 

by  Mr.  Kellogg 185,  199,  211,  212,  216,  217 

report  of  Committee  on,  offered  by  Mr.  Root  relating  to 

200,  201,  213,  214 
Privileges  and  Elections,  for  appointment  of  Committee  on,  offered 

by  Mr.  Hirschberg 22 

proceedings  of  the  Convention,  to  send  to  certain  papers,  offered  by 
Mr.  Becker 294,  299 


INDEX.  973 

Resolutions  relating  to  —  (Continued) :  Page, 

property,  exempt  from  taxation,  Comptroller  to  furnish  value  of, 

offered  by  Mr.  Kellogg 52,  61,  249,  484 

exempt    from    taxation,    Comptroller    to    report,    offered    by 

Mr.  Pratt 243,  302,  506 

from  taxation,  exemption  of,  Secretary  to  prepare  titles  of  all 

special  acts,  offered  by  Mr.  Pratt 295,  366 

private,  taking  for  public  use,  overture  relating  to,  offered  by 

Mr.  Marks 351 

Pruyn,  Mrs.  J.  V.  L.,  invitation  of,  offered  by  Mr.  Root 165 

Putnam  and  Sullivan  contested  seat  expenses,  offered  by  Mr.  Cook- 

inham 639,  740 

rail  in  rear  of  the  chamber,  to  restore,  offered  by  Mr.  E.  R.  Brown,  237 

railroads,  relating  to,  offered  Mr.  Hottenroth 166,  342,  356,  357 

Record  of  the  Convention,  delay  in  printing,  offered  by  Mr.  Blake, 

609,  655 

relating  to  overture,  home  rule  for  cities,  offered  by  Mr.  J.  John- 
son.   (See  Vote.) 
relating  to  reference  of  propositions  to  amend  the  Constitution, 

offered  by  Mr.  J.  Johnson 21 

relating  to  several  overtures,  offered  by  Mr.  Burr 586 

report  of  Committee  of  the  Whale,  Committee  on  Rules  to  report  a 

rule,  offered  by  Mr.  C.  B.  McLaughlin 469 

reports  of  committees,  offered  by  Mr.  Blake 364 

reporters  to  receive  copies  of  overtures  and  the  Journal,  offered 

by   Mr.   Mulqueen 254 

revised  Constitution,  to  submit  to  the  people  a,  offered  by  Mr.  Bar- 
row    161 

Revision  and  Engrossment,  Committee  on,  to  increase  number  of, 

offered  by  Mr.  Foote 435,  438 

Revision  Committee,  of  thanks  to,  offered  by  Mr.  Roche 847 

Riggs,    Mullen,    Curran,    Roderick    and    Fitzgerald,    offered    by 

Mr.  Alvord 414 

Rochf ord,  Thomas,  offered  by  Mr.  Kurth 593,  689,  690,  829,  830 

rule  21,  to  amend,  offered  by  Mr.  I.  S.  Johnson 476,  499 

rule  24  to  amend,  Committee  on  Rules  to  report,  offered  by  Mr.  Bar- 

hite 521,  526 

rules  of  Assembly,  for  temporary  adoption  of,  offered  by  Mr.  M.  E. 

Lewis.    (See    Rules) 22 

Committee  on,  to  report   a   rule    limiting   debate,  offered    by 

Mr.  Vedder 380 

Committee  on,  to  report  relating  to  consideration  of  certain 

overtures,  offered  by  Mr.  E.  R.  Brown.     (See  Rules) 711 

Committee  on,  to  report  a  rule  cutting  off  debate,  offered  by 

Mr.  E.  R.  Brown 322 

Committee  on,  to  report  rule  fining  members  for  non-attend- 
ance, offered  by  Mr.  Becker 275,  307,  308 

Committee  on,  to  report  a  rule  relating  to  printing  amend- 
ments proposed  in  Committee  of  the  Whole,  offered  by 
Mr.  Barhite 321,  345,  355 


974  INDEX. 

Resolutions  relating  to  rules  of  Assembly  —  (Continued);  Page, 

for  amendment  to  the,  offered  by  Mr.  Root.     (See  Rules.) 

for  appointment  of  Committee  on,  offered  by  Mr.  Root 22 

in  Convention  Manual,  amendment  offered  by  Mr.  Cochran  to 
resolution  of  Mr.  M.  E.  Lewis,  for  temporary  adoption  of. 

(See  Rules) 22 

list  of  committees,  etc.,   for  printing,  offered  by   Mr.   C.   H. 

Lewis 109 

printing  of  (Doc.  15),  presented  by  the  Committee  on  Printing,  396 
salt  lands  owned  by  the  State,  Secretary  of  State  to  give  informa- 
tion regarding,  offered  by  Mr.  Crosby 352,  370 

salt  lands,  Superintendent  of  the  Onoudaga  Salt  Springs,  to  make 

report,  offered  by  Mr.  I.  S.  Johnson 370,  391 

Saratoga,  for  Convention  to  adjourn  to,  offered  by  Mr.  Lester 

248,  254,  276 

savings  banks,  relating  to,  offered  by  Mr.  Kellogg 196,  224,  239 

savings  banks,  to  report  amount  of  unclaimed  deposits,  offered  by 

Mr.  Kellogg 248,  267,  392 

Seacord,    Edward   M.,   compensation   of,   relating   to,   offered   by 

Mr.  Goodelle , 699,  750,  828,  829 

seats,  drawing  of,  by  the  Vice-Presidents,  offered  by  Mr.  Daven- 
port      23 

Secretary,  for  election  of  Charles  E.  Fitch  as,  offered  by  Mr.  Bar- 

hite 20 

Senate  and  Assembly  districts,  report  of  Committee  on,  to  print 

extra  copies  of,  offered  by  Mr.  Becker 513 

Sergeant-at-Arms,  for  election  of  William  W.  Bennett  as,  offered 

by  Mr.  Lester 20 

Sergeant-at-Arms   (Assistant),   for  election  of  John  McElroy   as, 

offered  by  Mr.   Acker 21 

sessions,  daily,  to  open  with  prayer,  offered  by  Mr.  Cookinham ...     60 

sessions  of  the  Convention,  offered  by  Mr.  H.  A.  Clark 45 

offered  by  Mr.  Goeller 494 

offered  by  Mr.  I.  S.  Johnson 543,  548 

offered  by  Mr.  Marshall 28 

offered  by  Mr.  McKinstry : 494 

Sixth  Senatorial  seat  contested  case,  to  print  evidence  in,  offered 

by  Mr.  Hirschberg.    (See  Seats  Contested.) 

special  orders,  making  certain  overtures,  offered  by  Mr.  Cookin- 
ham.   (See  Rules) 519 

spring  water,  Superintendent  to  furnish,  offered  by  Mr.  Meyen- 

borg 263,  332 

stenographer,  compensation  of,  offered  by  Mr.  Hill 132,  331,  332 

stenographer,  for  election  of  Herbert  A.  Briggs  as,  offered  by  Mr. 

Lincoln 20 

stenographer  to  furnish  copy  of  proceedings  to  the  printer  daily, 

offered  by  Mr.  Kerwin 312 

State  Constitution,  to  print,  offered  by  Mr.  Root 718,  720,  721 

street  and  elevated  railroads,  Railroad  Commissioners  to  furnish 
information,  offered  by  Mr.  A.  H.  Green 360,  362 


INDEX.  975 

Resolutions  relating  to  —  (Continued) :  Page. 

street  and  elevated  railroads,   State  Railroad  Commissioners  to 

report  on  capital  stock,  etc.,  of,  offered  by  Mr.  A.  H.  Green 

247,  257,  370 

street  railroads,  relating  to,  offered  by  Mr.  A.  H.  Green 188 

suffrage,  granting  to  aliens  the  right  of,  offered  by  Mr.  Lincoln. . . . 

120,  167,  168,  258,  286,  294,  297 
tellers  on  all  votes  taken,  to  appoint,  offered  by  Mr.  Veeder. . .  524,  543 

to  amend  Rule  56,  offered  by  Mr.  Bush 524 

trust  companies,  Superintendent  of  Banks  to  furnish  information, 

offered  by  Mr.  I.  S.  Johnson 392,  400,  417,  418,  440 

Van  Denbergh,  Walter  L.,   for  appointment  of  a  committee  to 

draft  resolutions  on  death  of,  offered  by  Mr.  A.  B.  Steele 421 

vote  of  thanks  to  President  Choate,  offered  by  Mr.  Nicoll 850 

vote  of  thanks  to  First  Vice-President  Thomas  G.  Alvord,  offered 

by  Mr.  Durnin 850 

vote  of  thanks  to  Second  Vice-President  Wm.  H.  Steele,  offered 

by  Mr.  Durnin 850 

vote  of  thanks  to  Charles  E.  Fitch,  Edward  M.  Johnson  and  the 

several  clerks,  offered  by  Mr.  Blake 851 

wage-workers,  appeal,  offered  by  Mr.  Springweiler 730 

waters  of  the  State,  offered  by  Mr.  Forbes 538,  543,  552,  553,  554 

waters  of  the  upper  Niagara  river,  diversion  of,  offered  by  Mr. 

A.  H.  Green.    (See  Overtures) 188,  479 

Revision  of  legislative  bills,  relating  to,  presented  by  Mr.  Abbott.    (See 
Overtures.) 

Riggs,  Edward  G.,  designated  as  reporter 114 

Riggs,  James  W.,   delegate,   Sixth   Senate  district,   Brooklyn,   Kings 

county 21 

banking  and  trust   companies,   relating  to,   presented   by.     (See 
Overtures.) 

member  of  Committee  on  Charities 33 

member  of  Committee  on  Banking  and  Insurance 33 

member  of  Committee  on  Land  Titles 192 

rules,  relating  to,  motion  made  by 307 

rules,  to  amend,  motion  made  by 129 

seat  of,  contested  by  John  C.  Kinkel.    (See  Seats  Contested.) ;    21 

unseated  as  a  delegate 413 

Rights,  natural  and  personal,  relating  to,  presented  by  Mr.   Smith. 
(See  Overtures.) 

Ritcher,  Frank,  designated  as  reporter 115 

Roads,  making  free  all  public,  relating  to,  presented  by  Mr.  Roche. 

(See  Overtures.) 
Roche,  William  J.,  delegate,  Eighteenth  Senate  district,  Troy,  Rensse- 

laer  county 13 

apportionment,  on  overture  relating  to,  motion  made  by 671 


976  INDEX. 

Roche,  William  J.— (Continued) :  Page, 

canals,  overture  relating  to,  amendment  offered  by,  to.    (See  Vote),  573 

canals,  to  amend  overture  relating  to 723,  724 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

cities,  funded  debt,  etc.,  of,  relating  to,  resolution  offered  by.    (See 

Resolutions) : 41 

home  rule  for,  to  amend  overture  relating  to,  motion  made  by .  696 
corporations,  relating  to,  presented  by.    (See  Overtures.) 
counties,  cities  and  villages,  incurring  debt,  relating  to,  presented 

by.    (See  Overtures.) 
counties,  funded  debt,  etc.,  of,  resolution  offered  by,  relating  to. 

(See  Resolutions) 41 

County  Judges  and  Surrogates,  to  prohibit  from  practicing  law,  to 

amend  article  6,  relating  to,  presented  by.    (See  Overtures.) 
county  officers,  relating  to,  presented  by.    (See  Overtures.) 

to  receive  a  stated  compensation.     (See  Resolutions.) 
daily  reports,  publication  of,  motion  to  amend  resolution  relating 

to,  made  by 132 

government,  powers  of,  relating  to,  presented  by.    (See  Overtures.) 
Governor,  duties,  powers  and  termsJ  of  office  of  (Overture,  Int.  No. 

35),  to  recommit  amendment  relating  to,  motion  made  by.     (See 

Vote)  ... 569 

Judges,  salaries  of,  resolution  offered  by,  relating  to.     (See  Reso- 
lutions)   40,    41 

Judiciary  Committee,  on  report  of,  on  overtures  relating  to  trials 

by  jury 339 

Justices  of  lower  courts,  relating  to,  presented  by.   (See  Overtures.) 
legislative  bills,  passage  of,  relating  to,  presented  by.    (See  Over- 
tures.) 
local  or  private  bills,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  Corporations 32 

member  of  Committee  on  Legislative  Powers 29 

motion  to  amend  his  resolution  relating  to  funded  debts  of  cities 

and  counties 57 

naturalization,  relating  to.    (See  Overtures.) 

naturalization,  to  amend  overture  relating  to,  motion  made  by. 

(See   vote) 611 

naturalized,  to  designate  courts  in  which  persons  may  be,  relating 

to,  presented  by.    (See  Overtures.) 

Niagara  river,  diversion  of  the  waters  of,  relating  to 568,  659 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

overtures,  certain,  to  print,  resolution  offered  by 232 

pensions  for  civil  officers,  on  overture  relating  to,  motion  made  by,  360 
pensions  to  civil  officers,  prohibiting,   relating  to,  presented  by. 

(See  Overtures.) 
persons   naturalized,   in   certain   counties,    resolution   offered   by, 

relating  to.    (See  Resolutions) 41,    42 

Printing,  report  of  Committee  on,  relating  to,  motion  made  by 214 


INDEX.  977 

Roche,  William  J.—  (Continued) :  Page. 

Public  Works,  Superintendent  of,  relating  to,  presented  by.     (See 

Overtures.) 
religious  liberty,  relating  to,  presented  by.    (See  Overtures.) 

Revision  Committee,  resolution  of  thanks  to,  offered  by 847 

roads,  free,  relating  to,  presented  by.    (See  Overtures.) 

rules,  relating  to 107 

rules,  to  amend,  motion  made  by 106,  111,  116,  125,  128 

State,  lands  owned  by  the,  resolution  relating  to,  offered  by.     (See 

Resolutions.) 

suffrage,  to  amend  overture  relating  to,  motion  made  by 622 

to  make  certain  overtures  a  special  order,  motion  made  by . . ..  511 

Rochford,  T.  H.,  appointed  messenger 29 

relating  to,  resolution  offered  by.     (See  Resolutions.) 

Roderick,    George    W.,    delegate,    Sixth    Senate    district,    Gravesend, 
Kings  county 21 

excused  from  voting  on  the  Trapper  and  Beckwith  contested  seat 

cases 285 

member  of  Committee  on  Industrial  Interests 34 

member  of  Committee  on  Revision  and  Engrossing 34 

seat  of,  contested  by  William  Deterling,    (See  Seats  Contested) 21 

unseated  as  a  delegate 413 

Rogers,  Peter  A.,   delegate,   Nineteenth  Senate   district,   West  Troy, 

Albany  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

excused  from  voting  on  report  of  Committee  on  Female  Suffrage . . .  450 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  on  Legislative  Powers 29 

motion  to   amend  resolution  offered  by   Mr.   Roche,   relating  to 

funded  debts  of  cities  and  counties,  made  by 57 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

officers,  elective,  term  of,  relating  to,  presented  by.    (See  Over- 
tures.) 

teller,  appointed  as 722,  739 

vote  received  by,  for  Second  Vice-President 20 

Root,  Elihu,  delegate-at-large,  New  York  city 11 

apportionment,  to  extend  session  for    consideration    of    overture 

relating  to,  motion  made  by 672 

ayes  and  noes,  calling  of,  resolution  offered  by,  relating  to.     (See 

Resolutions.) 
bills,  private  or  local,  passage  of,  relating  to,  presented  by.    (See 

Overtures.) 
certificate  of  the  State  Board   of   Canvassers   to   election    of,    as 

delegate-at-large „. '. 11 

chairman  of  Committee  on  Judiciary 30 

Choate,  Joseph  H.,  nominated  by,  for  President 15 


978  INDEX. 

Root,  Elihu  —  (Continued) :  Page. 

cities,  to  make  a  special  classification  of,  to  make  overture  relating 

to,  a  special  order,  motion  made  by 620 

citizenship,  admission  of  persons  to,  relating  to,  presented  by.    (See 

Overtures.) 

committees,  reports  of,  relating  to,  motion  made  by.    (See  Resolu- 
tions.) 
compiler,  to  report  certain  information,  resolution  offered  by.     (See 

Resolutions.) 
confirming  action  of  striking  name  of  Joseph  Koch  from  the  roll, 

resolution  offered  by.    (See  Resolutions.) 
Constitution,  revised,    submission  of,    to    the    people,    resolution 

relating  to,  offered  by 831 

contested  seat  cases,  Putnam  and  Sullivan,  resolution  relating  to, 

offered  by.    (See  Resolutions.) 
criminals  indicted,  resolution  relating  to,  motion  made  by,  to  refer 

to  committee.    (See  Resolutions.) 
courts,  practice  and  procedure  of,  relating  to,  presented  by.    (See 

Overtures.) 
elections,  manner  of  (overture  Int.  No.  183),  resolution  relating 

to 259 

female  suffrage,  petition  against,  presented  by.    (See  Petitions.) 
invitation  of  Mrs.  J.  V.  L.  Pruyn,  to  accept,  resolution  presented 

by,  relating  to 165 

Judiciary  Article,  to  recommit,  motion  made  by 488 

leaves  of  absence,  to  revoke,  motion  made  by 552 

member  of  the  committee  appointed  to  conduct  the  President  to  the 

chair 16 

member  of  Committee  on  Legislative  Organization 29 

member  of  Committee  on  Rules 23,    35 

member  of  Committee  to  Prepare  an  Address  to  the  People 772 

naturalization,  to  amend  overture  relating  to,  motion  made  by 611 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

officers  to  remain  after  the  adjournment  of  the  Convention,  resolu- 
tion offered  by 847 

President  of  the  Convention,  motion  made  by,  to  elect  a 15 

previous  question  moved  by 106,  125,  128 

moved  by,  on  motion  of  Mr.  Floyd 686 

moved  by,  on  motion  to  print  the  report  of  the  Committee  on 

Apportionment  of  Senate  and  Assembly  Districts 504,  505 

Printing,  report  of  Committee  on,  relating  to,  motion  made  by 

200,  201,  212,  213 
privileges  of  the  floor  extended  to  Hon.  E.  T.  Gerry,  on  motion 

made  by 326 

report  of  Judiciary  Committee  on  overtures  relating  to  trials  by 

jury,  motion  made  by,  on 339 

rules,  for  amendment    to    the,    relating    to    overtures,  resolution 
offered  by.    (See  Rules.) 
relating  to,  motion  made  by 195 


INDEX.  979 

Root,  Elihu,  rules  —  (Continued) :  Page. 

relating  to  report  on,  motion  made  by 80,  102,  105,  106,  111 

resolution  for  appointment  of  Committee  on,  qffered  by 22 

to  amend,  motion  made  by 113,  116,  125 

29  and  7,  to  amend,  motion  made  by.    (See  Motions.) 

session,  to  extend  the,  motion  made  by.     (See  Vote) 684 

sessions  of  the  Convention,  relating  to,  previous  question  moved  by,  436 

State  Constitution,  to  print  the,  resolution  offered  by 718 

funded  debts  of  cities  and  counties,  to  amend  resolution  offered  by 

Mr.  Roche  relating  to,  motion  made  by 57 

to  reconsider  vote  on  the  motion  of  Mr.  McDonough,  motion  made 

by 835 

veto  power,  relating  to,  presented  by.    (See  Overtures.) 

Ross,  William,  appointed  Page 29 

Rowley,    Edwin    C.,    delegate,    Eighteenth    Senate    district,    Hudson, 

Columbia  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  petition  favoring,  presented  by 60 

member  of  Committee  on  Cities 31 

member  of  Committee  on  State's  Prisons  and  Penitentiaries 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Rules: 

amendment  to,  relating  to  introduction  of  overtures,  for,  intro- 
duced by  Mr.  Root 259,  306,  308 

amendment  offered  by  Mr.  Cochran  to,  to  temporarily  adopt  the 

rules  in  the  Convention  Manual 21 

Committee  on,  appointed 23 

Committee  on,  partial  report  on 26,    27 

Committee  on,  resolution  for  appointment  of,  offered  by  Mr.  Root,    22 
Committee  on,  to  report  relating  to  the  consideration  of  certain 

overtures,  offered  by  Mr.  Foote 711 

Committee  on,  to  report  rule  fining  members  for  non-attendance, 

resolution  offered  by  Mr.  Becker.    (See  Resolutions.) 
Committee  on,  to  report  a  rule  limiting  debate,  resolution  relating 

to,  offered  by  Mr.  Vedder.     (See  Resolutions.) 
minority  report  of  Committee  on,  relating  to  overture,  relating  to 

apportionment  of  Senate  and  Assembly  districts 541 

of  the  Assembly,  to  adopt  temporarily,  resolution  offered  by  Mr.  M. 

E.  Lewis 21 

overtures,  for  rule    limiting    debate    on,    resolution    offered    by 

Mr.  Cookinham.     (See  Resolutions.) 
overtures    On    third    reading,    for    consideration    of,    offered    by 

Mr.  Root 558 

relating  to,  motion  made  by  Mr.  Hirschberg 195 

relating  to,  motion  made  by  Mr.  Root 195 

rejating  to  printing  (Poc,  15),  offered  by  the  Committee  oa  Printing,  396 


980  INDEX. 

Rules  —  (Continued) :  Page, 

report  of  Committee  of  the  Whole,  to  amend  rules  relating  to,  reso- 
lution offered  by  Mr.  C.  B.  McLaughlin.     (See  Resolutions.) 
report  of  Committee  on,  limiting  debate  on  overture  relating  to 

home  rule  for. cities 515 

report  of  Committee  on 64  to  80,  86,  87,  88,  89,  90,  91,  92,  93, 

94,  95,  96,  97,  98,  99,  100,  101,  102,  103,  104,  105,  106,  107,  111,  112, 

113,  114,  115,  116,  124,  125,  126,  127,  128,  129,  130,  170,  171 
special  orders  of  business  reported  by  Committee  on. .....  526,  530,  532 

Rule  21,  to  amend  resolution  offered  by  Mr.  I.  S.  Johnson.     (See  Reso- 
lutions.) 

Rule  24,  Committee  on  Rules  to  report  amendment  to,  resolution  offered 

by  Mr.  Barhite 521,  532 

Rules  29  and  7,  to  amend,  motion  made  by  Mr.  Root.    (See  Motions.) 

Rule  36,  to  amend,  motion  made  by  Mr.  President 757 

Rule  56,  to  amend,  resolution  offered  by  Mr.  Bush.     (See  Resolutions.) 

Ryan,   Hon.   M.,   privileges  of  the   floor  extended  to,   on   motion   of 

Mr.  Jenks  .  .  608 


S. 

Sailors,  in  charitable  institutions,  for  right  to  vote,  petition  presented 

by  Mr.  Goodelle 298 

Salaries,  etc.,  paid  to  institutions  not  owned  by  the  State,  resolution 
requesting  the  Comptroller  to  report  relating  to.  (See  Resolu- 
tions.) 

Salt  lands  owned  by  the  State,  resolution  relating  to,  offered  by  Mr. 
Crosby.  (See  Resolutions.) 

Salt  springs,  relating  to,  presented  by  Mr.  Alvord.    (See  Overtures.) 

Sandford,  Elliot,  delegate,  Eighth  Senate  district,  New  York  city 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

common  schools,  relating  to,  presented  by.    (See  Overtures.) 

member  of  Committee  on  Banking  and  Insurance 33 

member  of  Committee  on  Education 33 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

private  property  taken  for  public  use,  relating  to,  presented  by. 

(See  Overtures.) 
Regents,  Board  of,  relating  to,  presented  by.    (See  Overtures.) 

Saratoga,  for  Convention  to  adjourn  to,  resolution  offered  by  Mr. 
Lester.  (See  Resolutions.) 

Saunders,  Joseph  S.,  appointed  postmaster 2 


INDEX.  981 

Page. 
Savings  banks,  relating  to,  resolution  offered  by  Mr.  Kellogg.     (See 

Resolutions.) 
to  report  amount  of  unclaimed   deposits,   resolution   offered   by 

Mr.  Kellogg.    (See  Resolutions.) 
unclaimed  deposits  in,  relating  to,  presented  by  Mr.  Kellogg.    (See 

Overtures.) 
Schools,  free  common,  relating  to,  presented  by  the  Committee  on 

Education.     (See  Overtures.) 

School  funds,  relating  to,  presented  by  Mr.  Gilleran.    (See  Overtures.) 
School  officers,   females  to  vote  for,   relating  to,   presented  by   Mr. 

Ackerly.    (See  Overtures.) 

Schumaker,  John  G.,  delegate,  Second  district,  Brooklyn,  Kings  county,    12 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

female  suffrage,  petition  favoring,  presented  by 82 

member  of  Committee  on  Legislative  Organization 29 

member  of  Committee  on  -Preamble 29 

member  of  Committee  to  Attend  the  Funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

oath  of  office  administered  to,  by  -the  Secretary  of  State 10 

paired  with  Mr.  Porter 556 

privileges  of  the  floor  extended  to  Hon.  E.  A.  Merritt,  on  motion 

made  by 636 

seat  contested  by  Christian  F.  Gull.    (See  Seats  Contested) 21 

teller,  appointed  as 827 

Seacord,  Edward  M.,  appointed  Messenger  in  place  of  C.  E.  Boyden.. 

47,  699 
Seaman,  John,  appointed  Messenger 28 

Seats: 

drawing  of 24,     25 

Millard,  James  Husted,  appointed  to  draw  ballots  from  the  box 

for 24 

motion  made  by  Mr.  Acker,  to  allow  Mr.  Griswold  to  draw  a  seat 

in  advance  of  the  regular  drawing 23 

motion  made  by  Mr.  Durnin,  for  committee  to  examine  the  ballots 

for  the  drawing  of 24 

motion  made  by  Mr.  Powell,  for  drawing  of,  by  Senate  districts ...     23 
resolution  offered  by  Mr.  Davenport,  allowing  members  of  last 
Constitutional  Convention  to  draw  seats  in  advance  of  the  regu- 
lar drawing 23 

amendment  to,  offered  by  Mr.  Becker,  to  include  the  Vice- 

Presidents 23 

Seats,  contested: 

Beckwith,  Charles,  by  Thomas  A.  Sullivan.    (Thirtieth  Senate  dis- 
trict.)    (See  Vote) 21,  134,  160,  196,  198,  225,  231,  232,  245 

255,  277,  284,  285,  358,  600,  637,  749 


•*, 

982  INDEX. 

Seats,  contested  — (Continued):  Page. 
Cochran,  William  H.,  by  Henry  J.  Brown.     (Second  Senate  dis- 
trict)   21,  462 

Curran,  Eugene  A.,  by  Charles  L.  Pashley.     (Sixth  Senate  dis- 
trict.)   (See  Vote) 21,  325,  326,  327,  361,  366,  395,  406,  412, 

413,  414,  600,  640,  707,  716,  751,  770 

Fitzgerald,  Thomas  W.,  by  Charles  J.  Kurth.    (Sixth  Senate  dis- 
trict.)    (See  Vote) 21,  325,  326,  327,  361,  366,  395,  406,  412, 

413,  414,  600,  640,  707,  716,  751 
Giegerich,   Leonard,  by  Charles  L.   Hallerstadt.     (Eighth   Senate 

district) 55,  275 

Jenks,  Almet  F.,  by  Geroge  W.  Tompkins.     (Second  Senate  dis- 
trict)   21,  462 

Koch,  Joseph,  seat  of,  claimed  by  Samuel  Gompers 658 

Meyenborg,  John  B.,  by  Luther  W.  Emerson.    (Second  Senate  dis-v 

trict) 21,  462 

Mullen,  William  M.,  by  J.  Lott  Nostrand.    (Sixth  Senate  district.) 

(See  Vote) 21,  325,  326,  327,  361,  366,  395,  406,  412, 

413,  414,  600,  640,  707,  716,  751,  770 

Riggs,  James  W.,  by  John  C.   Kinkel.     (Sixth   Senate   district.) 
(See  Vote) 21,  325,  326,  327,  361,  366,  395,  406,  412,  413, 

414,  600,  640,  707,  716,  751,  770 

Roderick,  George  W.,  by  William  Deterling.     (Sixth  Senate  dis- 
trict.)   (See  Vote) 21,  325,  326,  327,  361,  366,  395,  406,  412, 

413,  414,  600,  640,  707,  716,  751,  770 

Schumaker,  John  G.,  by  Christian  F.  Gull.     (Second  Senate  dis- 
trict)  21,  462 

Towns,  Mirabeau  L.,  by  William  H.  Davis.     (Second  Senate  dis- 
trict)   21,  462,  739,  753 

Trapper,  Herman  F.,  by  Harvey  W.  Putnam.     (Thirtieth  Senate 

district.)    (See  Vote) 21,  134,  160,  225,  231,  232,  233,  245, 

246,  255,  277,  284,  285,  358,  600,  637,  707,  749 

Supreme  Court  writ,  relating  to 35,  36,  37,  38,  39,  40, 

135  to  159,  196,  197,  198,  374 
Sectarian  appropriations,  prohibiting,  to  amend  article  8,  relating  to, 

presented  by  Mr.  Holls.    (See  Overtures.) 

prohibiting,  relating  to,  presented  by  Mr.  Cornwell.    (See  Over- 
tures.) 

to  prevent,  relating  to,  presented  by  Mr.  C.  S.  Truax.     (See  Over- 
tures.) 


Senate  and  Assembly  districts,  apportionment  of,  relating  to,  presented 
by  Mr.  E.  R.  Brown.    (See  Overtures.) 

future  organization  of,  relating  to,  presented  by  Mr.  Peck.    ( 
Overtures.) 

map  of,  relating  to,  resolution  offered  by  Mr.  Becker.     (See  Reso- 
lutions.) 

Senators  and  Assemblymen,  relating  to  number  and  pay  of,  presented 
by  Mr.  Durfee,    (See  Petitions.) 


iiea 
See 


INDEX.  983 

Page. 

Senators  and  Members  of  Assembly,  salary  of,  relating  to,  presented  by 
Mr.  Marks.     (See  Overtures.) 

Senators  and  Members  of  Assembly,  number  of,  relating  to,  presented 
by  Mr.  Cookinham.     (See  Overtures.) 

Senators  and  Members  of  Assembly,  term  of,  to  amend  article  3  relating 
to,  presented  by  Mr.  Mantanye.    (See  Overtures.) 

Senators  and  Members  of  Assembly,  tenure  of  office  of,  relating  to,  pre- 
sented by  Mr.  J.  C.  Davies.     (See  Overtures.) 

Senators,  election  of,  relating  to,  presented  by  Mr.  Jacobs.     (See  Over- 
tures.) 

Sheldon,  James  C.,  appointed  Assistant.  Secretary 29 

oath  of  office  administered  to 47 

Sheriff  and  other  county   officers,   election  and  tenure   of   office   of, 
relating  to,  presented  by  Mr.  Mantanye.     (See  Overtures.) 

Sheriffs,  to  amend  article  10,  relating  to,  presented  by  Mr.  Tibbetts. 
(See  Overtures.) 

Shetland,  Maj.-Gen.,  privileges  of  _the  floor  granted  to,  on  motion  of 

Mr.  Francis 699 

Smith,  George,  appointed  janitor 26 

Smith,  H.  W.,  designated  as  reporter 115 

Smith,  Nelson,  delegate,  Twelfth  Senate  district,  New  York  city 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Court  of  Arbitration,  favoring  a,  petition  presented  by 327 

judiciary,  relating  to,  presented  by.    (See  Overtures.) 

judiciary,  overture  relating  to,  to  amend,  motion  made  by 641 

member  of  Committee  on  Governor  and  State  Officers 30 

member  of  Committee  on  State  Finances  and  Taxation 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Pages,  to  increase  compensation  of,  resolution  offered  by 850 

personal  injuries,   damages  for,   relating  to,  presented  by.    (See 

Overtures.) 
rights,  natural  and    personal,    relating    to,    presented    by.     (See 

Overtures.) 
rights,  natural  and  personal,  motion  to  print  the  overture  reported 

by  the  committee  relating  to,  made  by 385 

teller,    appointed   as 848 

votes  received  by,  for  President  of  the  Convention 15 

Smith,  Ray,  appointed  Clerk 28 

Soldiers'  and  Sailors'  Homes,    relating    to,    presented  by  Mr.  W.  H. 
Nichols.    (See  Overtures.) 

63 


984  INDEX. 

Page. 

Soldiers'    Homes,    voting   of   inmates   of,    relating    to,    presented   by 
Mr.  Cochran.     (See  Overtures.) 

Speech,  freedom  of,  and  of  the  press,  relating  to,  presented  by  Mr.  E.  R. 

Brown.     (See  Overtures.) 
petition  relating  to,  presented  by  Mr.  President  (Choate) 369 

Speer,  William  McM.,  delegate,  Twelfth  Senate  district,  New  York  city,  13 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

cities,  home  rule  for,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  Cities 31 

member  of  Committee  on  State  Finances  and  Taxation 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

rules,  to  amend,  motion  made  by 103 

Spencer,  Edgar  A.,  delegate,  Twenty-first  Senate  district,  Gloversville, 

Fulton  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

cities,  classification  of,  to  amend  overture  relating  to 735 

cities,  home  rule  for,  to  amend  overture  relating  to,  motion  made 

by 696 

member  of  Committee  on  Cities 31 

member  of  Committee  on  Constitutional  Amendments 34 

member  of  Committee  to  attend  the  funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

religious  institutions,  inspection  of,  petition  for,  presented  by 247 

rules,  to  amend,  motion  made  by 104 

Springwater,  Superintendent  to  furnish,  resolution  offered  by 

Mr.  Meyenborg.     (See  Resolutions.) 

Springweiler,  Philip  W.,  delegate,  Thirtieth  Senate  district,  Buffalo, 

Erie  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

conspiracies,  relating  to.  presented  by.     (See  Overtures.) 

member  of  Committee  on  Railroads,  etc 31 

member  of  Committee  on  Salt  Springs 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

seats  contested  (Putnam  and  Sullivan),  report  of  Committee  on 

Privileges  and  Elections,  motion  made  by,  relating  to 231 

to  make  overture  relating  to  liability  of  employers,  a  special  order, 

motion  made   by 510 

wage-workers'  appeal,   relating  to,  resolution    offered    by.     (See 

Resolutions.) 

State  and  city  officers,  petition  relating  to,  presented  by  Mr.  President,  186 

State  Board  of  Canvassers,  certificate  of,  relating  to  election  of  dele- 
gates.   (See  Convention.) 


INDEX.  985 

Pago. 

State,  city,  county,  town  and  village,  moneys  collected  for,  relating  to, 
presented  by  Mr.  A.  H.  Green.    (See  Overtures.) 

contracts,  relating  to,  presented  by  Mr.  Banks.     (See  Overtures.) 

credit,  loaning  of,  relating  to,  presented  by  Mr.  Doty.    (See  Over- 
tures.) 

credit  of,  loaning,  relating  to,  presented  by  Mr.  Forbes.    (See  Over- 
tures.) 

Engineer  and  Surveyor,  abolishing  office  of,  relating  to,  presented 
by  Mr.  Bigelow.    (See  Overtures.) 

Engineer,  etc.,  election  of,  to  amend  article  5,  relating  to,  presented 
by  Mr.  Lauterbach.     (See  Overtures.) 

interest-bearing  debt  of,  to  prohibit,  presented,  relating  to,  by  Mr. 
Tucker.     (See  Overtures.) 

lands  owned  by,  Comptroller  to  make  report,  resolution  offered  by 

Mr.  Roche.    (See  Resolutions.) 

State  of  New  York  an  inseperable  part  of  the  Federal  Union,  declaring, 
presented  by  Mr.  C.  A.  Fuller.    (See  Overtures.) 

State  officers,  certain,  petition  relating  to,  presented  by  Mr.  President 

(Choate) 233,  258 

officers,  election  of,  relating  to,  presented  by  Mr.  A.  Frank.     (See 

Overtures.) 
powers  of  the,  delegation  of,  relating  to,  presented  by  Mr.  Osborne. 

(See  Overtures.) 
prisons,  inmates  of,  relating  to  employment  of,  petition  presented 

by  Mr.  President  .  .  . .' 241 

Steele,  Abram  B.,  delegate,  Twentieth  Senate  district,  Herkimer,  Her- 

kimer  county 13 

adjournment  to  Saratoga,  excused  from  voting,  on  motion  relating 

to 277 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

committee  to  draft  resolutions  relative  to  death  of  Hon.  Walter  L. 

Van  Denbergh,  a  delegate,  resolution  offered  by 421 

County  and  Surrogate's  Courts,  relating  to,  presented  by.    (See 

Overtures.) 

Court  of  Appeals,  relating  to,  presented  by.     (See  Overtures.) 
Courts,  County  and  other  lower,  relating  to,  presented  by.     (See 

Overtures.) 

female  suffrage,  petition  favoring,  presented  by 108 

member  of  Committee  on  Charities 33 

member  of  Committee  on  State  Finances  and  Taxation 30 

member  of  Committee  to  Draft  Resolutions  Relating  to  the  Death 

of  Hon.  W.  L.  Van  Denbergh 422 

member  of  Committee  to  Attend  the  Funeral  of  Hon.  W.  L.  Van 

Denbergh  .  . 423 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

pardoning  power,  relating  to,  presented  by.    (See  Overtures.) 


986  INDEX. 

Steele,  Abram  B. —  (Continued) :  Page. 

proceedings  of  the  Convention,  publication  of,  in  certain  news- 
papers. (See  Resolutions.) 

sectarian  appropriations,  against,  petition  presented  by.  (See 
Petitions.) 

Surrogates'  and  Justices'  Courts,  relating  to,  presented  by.  (See 
Overtures.) 

Steele,  William  H.,  delegate,  Twenty-second  Senate  district,  Oswego 

Oswego  county 13 

adjournment   to   July   9th,    excused    from    voting   on   motion   of 

Mr.   Storm,   relating  to 274 

appeal  from  decision  of,  taken  by  Mr.  Mclntyre 728 

bills,  private  and  local,  relating  to,  presented  by.     (See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

decision  of,  on  point  of  order  raised  by  Mr.  Mclntyre 728 

election  of,  as  Second  Vice-President 20 

female  suffrage,  petition  favoring,  presented  by 82 

for  additional  compensation  to  A.  B.  Crumb,  resolution  offered  by. 

(See  Resolutions.) 

in  the  chair 507,  512,  513,  531,  547,  549,  550,  561,  573,  601,  611, 

616,  724,  730,  746,  753 

member  of  Committee  on  Corporations 32 

member  of  Committee  on  Preamble  in  place  of  Mr.  Van  Denbergh, 

deceased 426 

member  of  Committee  on  Revision  and  Engrossing 34 

motion  made  by,  to  amend  resolution  offered  by  Mr.  H.  A.  Clark, 

relating  to  sessions  of  the  Convention 46 

motion  made  by,  to  amend  resolution  offered  by  Mr.  Roche,  relating 

to  payments  made  to  judges < 56 

nomination  of,  as  Second  Vice-President 19 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

oath  of  office,  as  Second  Vice-President,  administered  to,  by  the 

President 20 

rules,  to  amend,  motion  made  by 103,  115,  116 

sectarian    appropriations,    petition    against,    presented    by.    (See 

Petitions.) 
to  amend  the  report  of  the  Committee  on  Rules  on  rule  29,  motion 

made  by 482 

vote  of  thanks  to,  resolution  offered  by  Mr.  Durnin 850 

Stegman,  Lewis  R.,  designated  as  reporter 115 

Stenographer  to  furnish  copy  of  the  proceedings  to  the  printer  daily, 
resolution  offered  by  Mr.  Kerwin.     (See  Resolutions.) 

Stockholders,  liability  of,  relating  to,  presented  by  Mr.  Mclntyre.    ( 
Overtures.) 

Stoddard,  Henry  L.,  designated  as  reporter 


- 


INDEX.  987 

Page. 
Storm,  Frederic,    delegate,  First    Senate    district,    Bayside,   Queens 

county , 12 

adjournment  to  July  9th,  motion  relating  to,  made  by.    (See  Reso- 
lutions.) 
anarchy,  motion  made  by,  on  the  resolution  offered  by  Mr.  Dean, 

relating  to.     (See  Resolutions.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

contested  seat  cases  (Sixth  district),  relating  to,  previous  question 

moved  by.     (See  Seats  Contested.) 
corporations  and  competing  lines  of  railroads,  relating  to,  presented 

by.    (See  Overtures.) 
female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 

member  of  Committee  on  Corporations 32 

member  of  Committee  on  Railroads,  etc 31 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

pool  selling,  petition  relating  to,  presented  by 423 

previous  question  moved  by  739 

to  take  a  recess,  motion  made  by 302 

trusts,  relating  to,  presented  by.    (See  Overtures.) 

Street  railroads,  relating  to,  resolution  offered  by  Mr.  A.  H.  Green. 
(See  Resolutions.)' 

Strikes  and  lockouts,  arbitration  in,  relating  to,  presented  by  Mr.  Gib- 
ney.     (See  Overtures.) 

Stryker,  Rev.  Wolsey,  privileges  of  the  floor  granted  to,  on  motion  of 

Mr.  President 825 

Suffrage,  in  city,   town  and  village  elections,   to  amend  article   10, 

relating  to,  presented  by  Mr.  McKinstry.     (See  Overtures.) 
relating  to,  presented  by  Mr.  Abbott.     (See  Overtures.) 
relating  to,  presented  by  Mr.  Lauterbach.     (See  Overtures.) 
relating  to,  presented  by  Mr.  Tibbetts.     (See  Overtures.) 
to  aliens,   granting,   right  of,   resolution  relating  to,   offered  by 
Mr.  Lincoln.    (See  Resolutions.) 

Sullivan,  Thomas  A.,  Thirtieth  Senate  district,  Buffalo,  Erie  county..  286 
claim  of,  for  expenses  in  contesting  seat.    (See  Seats  Contested.) 
Corporations,  Superintendent  of,  relating  to,  presented  by.     (See 

Overtures.) 

excused  from  voting  on  report  of  Committee  of  the  Whole  on  over- 
ture relating  to  compensation  of  public  officers 467 

member  of  the  Committee  on  Printing  in  place  of  Mr.  Beckwith. . .  308 
member  of  the  Committee  on  Governor  and  State  Officers,  in  place 

of  Mr.  Trapper 308 

oath  of  office  administered  to,  by  the  President 286 

seat  of  Charles  Beckwith  contested  by.    (See  Seats  Contested) 21 

seated  as  a  member  of  the  Convention .  286 


988  INDEX. 

Page. 
Sullivan,   William,   delegate,   Fifth   Senate  district,   Brooklyn,   Kings 

county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

free  common  schools,  to  amend  overture  relating  to,  motion  made 

by 713 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  on  Legislative  Organization 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Supervisors,  boards  of,  relating  to,  presented  by  Mr.  Mantanye.  (See 
Overtures.) 

boards  of,  to  fix  compensation  of  certain  officers,  relating  to,  pre- 
sented by  Mr.  Gibney.  (See  Overtures.) 

election  of,  relating  to,  presented  by  Mr.  Mantanye.  (See  Over- 
tures.) 

Supreme  Court,  General  Terms  of,  relating  to,  presented  by  Mr.  Wood- 
ward. (See  Overtures.) 

Supreme  Court  Justices,  appointment  of,  relating  to,  presented  by 
Mr.  E.  R.  Brown.  (See  Overtures.) 

Supreme  Court,  powers  of  Justices  of,  relating  to,  presented  by  Mr.  Kel- 
logg. (See  Overtures.) 

Supreme  Court  writ,  served  on  the  Convention,  in  case  Putnam  vs. 
Trapper.  (See  Seats  Contested,  Putnam  vs.  Trapper) . .  35,  36,  37, 

38,  39,     40 

Surrogates'  and  Justices'  Courts,  relating  to,  presented  by  Mr.  A.  B. 
Steele.  (See  Overtures.) 

Surrogates'  Courts,  relating  to,  presented  by  Mr.  Lincoln.  (See  Over- 
tures.) 

Surrogate,  new  article  relating  to  office  of,  presented  by  Mr.  Maybee. 
(See  Overtures.) 

*  T. 

Taxation,  exemptions  from,  relating  to,  presented  by  Mr.  Pratt.  (See 
Overtures.) 

Taxation,  local,  relating  to,  presented  by  Mr.  Gibney.  (See  Over- 
tures.) 

Taxation,  property  exempt  from,  new  article,  relating  to,  presented  by 
Mr.  Kellogg.  (See  Overtures.) 

Taxation,  petition  relating  to,  presented  by  Mr.  Alvord 423 

Taxation,  relating  to,  presented  by  Mr.  O.  A.  Fuller.     (See  Overtures.) 
Taxation,  relating  to,  presented  by  Mr.  Pratt.    (See  Overtures.) 
Taxation,  relating  to.  presented  by  Mr.   McMillan.     (See  Overtures.) 


INDEX.  989 

Page. 
Taylor,  James  A.,  claim  of,  for  services  in  contested  seats 716 

Tekulsky,  Morris,  delegate,  Eighth  Senate  district,  New  York  city 12 

appointed  as  teller  for  the  election  of  First  and  Second  Vice-Presi- 

dents 19 

apportionment,  on  overture  relating  to,  motion  made  by 671 

call  of  the  house,  motion  made  by,  for  a 595 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate  . 12 

cities,  home  rule  for,  relating  to,  presented  by.    (See  Overtures.) 
cities,  home  rule  for,  to  amend  overture  relating  to,  motion  made 

by 696 

claims  of  Messrs.  Kurth,  Kinkel,  Nostrand,  Pashley  and  Deterling, 

resolution  relating  to,  offered  by 770 

Convention,  motion  made  by,  relating  to  sessions  of  the 46 

damages  for  loss  of  human  life,  to  make  report  of  Committee  on 

overture  relating  to,  a  special  order,  motion  made  by 383 

death,   damages  in  actions  involving,   relating  to,  presented  by. 

(See  Overtures.) 

member  of  Committee  on  Contingent  Expenses 35 

member  of  Committee  on  Governor  and  State  Officers 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

petition,  divorces  and  lotteries,  right  of,  relating  to,  presented  by. 

(See  Overtures.) 

Tellers  appointed  on  motion  made  by  Mr.  Cassidy 615 

on  motion  made  by  Mr.  Veeder 610 

Tellers  on  all  votes  taken,  to  appoint 524 

Tibbetts,   Frank   E.,   delegate,   Twenty-sixth   Senate   district,   Ithaca, 

Tompkins  county 14 

apportionment,  on  overture  relating  to,  motion  made  by 672 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

civil  service,  overture  relating  to,  to  amend,  motion  made  by 742 

Cornell  University,  to    furnish    copies    of    records    to,    resolution 

offered  by.     (See  Resolutions.) 

Coroner,  overture  relating  to  abolishing  office  of,  to  amend. . . 590 

female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 

member  of  Committee  on  Education 33 

member  of  Committee  on  State  Finances  and  Taxation 31 

member  of  Committee  on  Land  Titles 192 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

sectarian    appropriations,    against,    petition    presented    by.     (See 

Petitions.) 

Sheriffs,  relating  to,  presented  by.    (See  Overtures.) 
suffrage,  relating  to,  presented  by.     (See  Overtures.) 

Tiernan,   George,   appointed   Page 29 


990  INDEX. 

Page. 
Titus,  J.  W.,  appointed  Clerk 28 

Titus,  William  Q.,  delegate,  Tenth  Senate  district,  New  York  city 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

criminal  cases,  District  Attorneys  to  report,  relating  to,  resolution 

offered  by.     (See  Resolutions.) 

female  suffrage,  favoring,  petition  presented  by.     (See  Petitions.) 
Judiciary,  relating  to,  presented  by.     (See  Overtures.) 
Judiciary  Committee,  on  report  of,  on  the  overture  relating  to  the 

Judiciary,   motion   made  by 341 

local  option,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  County,  Town  and  Village  Government,    32 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Tompkins,    George    W.,    petition    of,    contesting    the    seat    held    by 

Mr.  Almet  F.  Jenks.     (See  Seats  Contested) 21 

Town  government,  organization  of,  relating  to,  presented  by  Mr.  Floyd. 
(See  Overtures.) 

Towns,  Mirabeau  Lamar,  delegate,  Second  Senate  district,  Brooklyn, 

Kings  county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Debbs,  Eugene,  relating  to  trial  of,  offered  by.     (See  Resolutions.) 
excused  from  voting  on  contested  seat  cases,  Sixth  Senatorial  dis- 
trict    413 

excused  from  voting  on  the  Trapper  and  Beckwith  contested  seat 

cases 285 

legislative  organization  and  powers,  relating  to,  presented  by.  (See 
Overtures.) 

member  of  Committee  on  Education 33 

member  of  Committee  on  Suffrage 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

seat  contested  by  William  H.  Davis.     (See  Seats  Contested) 21 

vote  received  by,  for  President  of  the  Convention 16 

Tracy,  Hon.  B.  F.,  privileges  of  the  floor  granted  to,  on  motion  of 

Mr.  Rolls 699 

Trapper,  Herman  F.,  delegate,  Thirtieth  Senate  district,  Buffalo,  Erie 

county 14 

seat  of,  contested  by  Harvey  W.  Putnam.     (See  Seats  Contested). .     21 

member  of  Committee  on  Governor  and  State  Officers 30 

member  of  Committee  on  Industrial  Interests 34 

Supreme  Court  writ  issued  on  petition  of,  in  case  Putnam  vs.  Trap- 
per.    (See  Seats  Contested,  Putnam  vs.  Trapper) 35,  36,  37, 

38,  39,    40 
unseated  as  a  member  of  the  Convention.. 


285 


.i  INDEX.  991 

Page. 

Trials  by  jury,  relating  to,  presented  by  Mr.  E.  A.  Brown.     (See  Over- 
tures.) 

Trials,  relating  to,  presented  by  Mr.  Woodward.     (See  Overtures.) 

Truax,  Chauncey  S.,  delegate,  Fourteenth  Senate  district,  New  York 

city  . 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

excused  from  voting  on  report  of  Committee  on  Female  Suffrage. .  450 

member  of  Committee  on  Charities 33 

member  of  Committee  on  Education 33 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

sectarian  appropriations,  to  prevent,  relating  to,  presented  by.    (See 

Overtures.) 
vote  received  by,  for  Second  Vice-President 20 

Truax,  Charles  H.,  delegate,  Tenth  Senate  district,  New  York  city 12 

amended  Constitution,  to  go  into  effect,  relating  to,  presented  by. 

(See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

Constitutional  Conventions,  relating  to,  presented  by.     (See  Over- 
tures.) 
lotteries,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  Industrial  Interests 33 

member  of  Committee  on  Judiciary 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

property,  private,  for  public  use,  taking,  relating  to,  presented  by. 
(See  Overtures.) 

Trust  companies,  relating  to,  resolution  offered  by  Mr.  I.  S.  Johnson. 
(See  Resolutions.) 

Trusts  and  combinations,  relating  to,  presented  by  the  Committee  on 
Corporations.     (See  Overtures.) 

Trusts,  relating  to,  presented  by  Mr.  Storm.    (See  Overtures.) 

Tucker,  Gideon  J.,  delegate,  Tenth  Senate  district,  New  York  city 12 

capital  punishment,  relating  to,  presented  by.    (See  Overtures.) 
certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate '. 12 

children,  education  of,  relating  to,  presented  by.     (See  Overtures.) 
children,    non-sectarian    education    of,  petition    relating  to,  pre- 
sented by.    (See  Petitions.) 

Constitutional  Conventions,  relating  to,  presented  by.     (See  Over- 
tures.) 

corporations,  relating  to,  presented  by.    (See  Overtures.) 
corporations,  payment  of  wages  by,  relating  to,  presented  by.    (See 
Overtures.) 


992  .  INDEX. 

Tucker,  Gideon  J.—  (Continued) :  Page, 

day's  work,  relating  to,  presented  by.     (See  Overtures.) 
debt,  imprisonment  for,  relating  to,  presented  by.    (See  Overtures.) 
employers  and  employes,  differences  between,  relating  to,  presented 

by.    (See  Overtures.) 

female  suffrage,  petition  favoring,  presented  by 117,  118 

female  suffrage,  relating  toj  presented  by.     (See  Overtures.) 
home  rule  for  cities,  relating  to,  presented  by.     (See  Overtures.) 
human  life,  damages  for  loss  of,  relating  to,  presented  by.    (See 

Overtures.) 

jurors,  arrested,  relating  to,  presented  by.     (See  Overtures.) 
legislation  by  direct  vote,  relating  to,  presented  by.     (See  Over- 
tures.) 

member  of  Committee  on  Preamble 29 

member  of  Committee  on  Suffrage 30 

member  of  Committee  to  attend  the  funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

militia  service,  exemptions  from,  relating  to,  presented  by.     (See 

Overtures.) 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

perpetual  ownership  by  the  State,  relating  to,  presented  by.     (See 

Overtures.) 
prisons  and  asylums,  inmates  of,  relating  to,  presented  by.     (See 

Overtures.) 

referees,  election  of,  relating  to,  presented  by.    (See  Overtures.) 
State,  interest-bearing  debt  of  the,  relating  to,  presented  by.     (See 

Overtures.) 
voters,  property  qualification  for,  relating  to,  presented  by.     (See 

Overtures.) 
votes  received  by,  for  President  of  the  Convention 15 

Tucker,  Hon.  Randolph,  privileges  of  the  floor  extended  to,  on  motion  of 

Mr.  McDonough 543 

Turner,    William,   delegate,   Thirtieth    Senate   district,    Buffalo,    Erie 

county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

home  rule  for  cities,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  Indians 34 

member  of  Committee  on  Printing 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Two-thirds  bills,  relating  to,  presented  by  Mr.  Barrow.     (See  Over- 
tures.) 


u. 

University  of  the  State,  invitation  to  attend  the  convocation  of 299 


INDEX,  993 

V. 

Page. 

Van  Denbergb,  Walter  L,,  delegate,  Twentieth  Senate  district,  Amster- 
dam, Montgomery  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

death  of,  announcement  of 421 

Death  of,  Committee  to  Draft  Resolutions  Relating  to 422 

death  of,  resolutions  relating  to 422 

female  suffrage,  petition  favoring,  presented  by 119 

Funeral  of,  Committee  to  Attend 423 

Judges  of  the  Court  of  Appeals  and  Justices  of  the  Supreme  Court, 
term  and  age  of,  Secretary  of  State  to  report,  resolution  offered 
by.  (See  Resolutions.) 

Judges  of  the  Court  of  Appeals  and  Justices  of  the  Supreme  Court, 
amount  paid  to,  Comptroller  to  report,  resolution  offered  by. 
(See  Resolutions.) 

Judges  of  the  Court  of  Appeals,  resolution  relating  to,  report  of  Sec- 
retary of  State  on,  to  print,  motion  made  by.    (See  Motions.) 
Justices  of  the  Supreme  Court,  etc.,  official  terms  of,  relating  to, 
presented  by.    (See. Overtures.) 

member  of  Committee  on  Corporations 32 

member  of  Committee  on  Preamble 29 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

rules,  to  amend,  motion  made  by 113 

Van  Tassel,  Hiram,  appointed  Doorkeeper  28 

Vedder,    Commodore   P.,   delegate-at-large,    Ellicottville,    Cattaraugus 

county 11 

adjournment  of  Convention  sine  die,  motion  made  by 854 

adjournment  to  July  9th,  relating  to,  motion  made  by.     (See  Reso- 
lutions.) 
apportionment,  relating  to,  presented  by.    (See  Overtures.) 

appointed  teller  for  election  of  President 15 

bills,  passage  of,  motion  made  by,  for  consideration  of  overture 

relating  to 246 

bills,  passage  of,  relating  to,  presented  by.    (See  Overtures.) 
certificate  of  the  State  Board  of   Canvassers  to  election  of,   as 

delegate-at-large 11 

chairman  of  Committee  on  Legislative  Powers 29 

evening  sessions,  to  amend  report  of  Committee  on  Rules  relating 

to,  motion  made  by 390 

female  suffrage,  favoring,  petition  presented  by.    (See  Petitions.) 
further  amendments,  to  amend  overture  relating  to,  motion  made 

by.    (See  Vo.te) 760 

further  amendments,  to  reconsider  vote  adopting  overture  relating 

to,  motion  made  by.     (See  Vote) 759 

impeachment,  relating  to,  presented  by.     (See  Overtures.) 


994  .  INDEX. 

Vedder,  Commodore  P. — (Continued):  Page, 

judiciary  article,  to  print  the  minority  report  on  the.    (See  Reso- 
lutions.) 
to  print  the  report  of  the  committee  on  the.  motion  made  by, 

447,  448 
Judiciary  Committee,  on  report  of,  on  overtures  relating  to  trials 

by  jury 339 

Legislature,  powers  of,  relating  to,  presented  by.     (See  Overtures.) 

member  of  Committee  on  Governor  and  State  Officers 30 

member  of  Committee  on  State  Finances  and  Taxation 30 

member  of  Committee  to  Attend  the  Funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

modification  of  rule  57,  relating  to  ayes  and  nays,  motion  made  by, 

on  resolution  relating  to,  offered  by  Mr.  C.  B.  McLaughlin 518 

motion  to  correct  the  Journal,  made  by 81 

motion  to  refer  subject  of  motion  of  Mr.  Davies,  relating  to  com- 
piler, to  Committee  on  Printing 58 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

official  succession,  relating  to,  presented  by.     (See  Overtures.) 
overture,  relating  to,  resolution  offered  by.     (See  Resolutions.) 
previous  question  moved  by,  on  modification  of  rule  57,  relating  to 

the  ayes  and  nays.     (See  Vote) 517 

privileges  of  the  floor  extended  to  Mr.  McKinstry,  on  motion  of . . .  363 
privileges  of  the  floor  extended  to  Hon.  J.  T.  Williams,  on  motion 

of 277 

Rules,  Committee  on,  to  report  a  rule  limiting  debate,  resolution 
relating  to,  offered*  by.     (See  Resolutions.) 

sessions  of  the  Convention,  motion  made  by,  relating  to 46 

to  expunge  from  the  record  the  remarks  of  Mr.  Dickey  relating  to 
Mr.  Alvord,  motion  made  by 388 

Veeder,  William  D.,  delegate,  Fifth  Senate  district,  Brooklyn,  Kings 

county 12 

amended  Constitution,  to  amend  overture  relating  to,  motion  made 

by 740 

canal  debt,  overture  relating  to,  to  amend,  motion  made  by 727 

canals,  resolution  offered  by  Mr.  Dean  relating  to,  to  refer  to  Com- 
mittee on  State  Officers,  motion  made  by 394 

canals,  overtures  relating  to,  to  recommit,  motion  made  by 579 

certificate  of  the  State   Board   of   Canvassers   to   election   of,    as 

delegate 12 

cities,  villages  and  towns,  organization  of,  relating  to,  presented 
by.    (See  Overtures.) 

civil  service,  petition  favoring,  presented  by 218 

Commissioner  of  Jurors,   overture  relating  to,  to  disagree   with 

report  of  Committee  of  the  Whole  on,  motion  made  by 374 

committee   meetings,    resolution   offered   by,    relating   to   posting 
notices  of.    (See  Resolutions.) 


INDEX.  995 

Veeder,  William  D.— (Continued):  Page. 

Conventions  to  revise  the  Constitution,  future,  relating  to,  pre- 
sented by.    (See  Overtures.) 

enumeration  of  inhabitants,  relating  to,  presented  by.    (See  Over- 
tures.) 
human  life,  damages  for  loss  of,  on  overture  relating  to,  motion 

made  by 406 

member  of  Committee  on  Corporations 32 

member  of  Committee  on  Preamble 29 

naturalization,  on  overture  relating  to,  motion  made  by 610 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

point  of  order  raised  by 580,  581 

rules,  to  amend,  motion  made  by 112,  114 

tellers  on  all  votes  taken,  to  appoint,  resolution  offered  by.     (See 

Resolutions.) 
to  make  the  overture  to  suppress  gambling  a  special  order,  motion 

made  by 513 

unclaimed  deposits  in  savings  banks,  to  print  report  of  Superin- 
tendent of  Banks  on,  motion  made  by 392 

vote  received  by,  for  President  of  the  Convention 16 

Vice,  for  State  regulation  of,  petition  presented  by  Mr.  President.    (See 

Petitions.)  * 

Villages,  incorporation  of,  to  amend  article  8,  relating  to,  presented  by 
Mr.  Mereness.     (See  Overtures.) 

Veto  power,  relating  to,  presented  by  Mr.  Root.     (See  Overtures.) 

Vogt,  Frank  H.,   delegate,   Fourth   Senate  district,   Brooklyn,   Kings 

county 12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  County,  Town  and  Village  Officers 32 

member  of  Committee  on  Salt  Springs 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Vote  (roll  call)  on: 

adoption  of  report  of  the  Committee  of  the  Whole  on  overture 

relating  to  use  of  moneys  for  political  purposes 539 

adverse  report  of  Committee  on  Overture  relating  to  local  option. . .  416 
agreeing  to  adverse  report  of  the  Committee  of  the  Whole  on  over- 
ture relating  to  the  passage  of  laws - 496 

amendment  offered  by  Mr.  Baker,  to  overture  relating  to  canals. . .  576 
amendment  offered  by  Mr.  Roche,  to  overtures  relating  to  canals . .  575 

death  penalty,  adverse  report  on  overture  to  abolish  the 427 

disagreeing  with  report  of  the  Committee  of  the  Whole,  on  over- 
ture relating  to  apportionment  of  Senate  and  Assembly  districts,  557 

Female  Suffrage,  adverse  report  of  Committee  on 449,  450 

granting  leave  for  Committee  of  the  Whole  to  sit  again  on  over- 
ture relating  to  taking  private  property  for  public  use . . 455,  456 


996  INDEX. 

Vote  (roll  call)  on  —  (Continued) :  Page. 

motion  of  Mr.  Acker   for  the  previous  question 563 

motion  of  Mr.   Alvord  for  the  previous  question,   on  resolution 

relating:  to  adjournment  to  Saratoga 276 

motion  of  Mr.  Alvord    for  the  previous  question  on  report  of  the 

Committee  of  the  Whole  on  the  judiciary  article 0  490 

motion  of  Mr.  Bowers  relating  to  adjournment  to  July  9th 264 

motion  of  Mr.  E.  A.  Brown  to  adjourn 333 

motion  of  Mr.  Cochran   relating  to  sessions  of  the  Convention 436 

motion  of  Mr.  Cookinham   relating  to  adjournment  to  July  9th 265 

motion  of  Mr.  Dean  on  overture  relating  to  apportionment 673 

motion  of  Mr.  Dickey   on  overture  relating  to  the  judiciary 635 

motion  of  Mr.  Gilbert  to  amend  overture  relating  to  Charities 703 

motion  of  Mr.  Holls  to  lay  resolution  of  Mr.  Jenks  for  a  Special 

Committee  relating  to  Cities,  on  the  table 524 

motion  of  Mr.  Jenks  to  amend  motion  of  Mr.  Root 836 

motion  of  Mr.  Kellogg  to  lay  motion  of  Mr.  Roche  upon  the  table,  511 
motion  of  Mr.  Kerwin  relating  to  submission  of  the  revised  Con- 
stitution    836 

motion  of  Mr.  M.  E.  Lewis  for  adjournment , 507 

motion  of  Mr.  Lincoln  on  overture  relating  to  apportionment  of  the 

Senate  and  Assembly  districts  and  for  the  previous  question,  582,  583 
motion  of  Mr.  Lincoln  to  recommit  the  judiciary  article  for  amend- 
ment    490 

motion  of  Mr.  C.  B.  McLaughlin  on  overture  relating  to  waters  of 

the  Niagara  river 657,  659 

motion  of  Mr.  Mereness  to  lay  motion  of  Mr.  Veeder  upon  the  table,  513 
motion  of  Mr.  McMillan  to  amend  motion  of  Mr.  Cookinham,  relat- 
ing to  sessions  of  the  Convention 45 

motion  of  Mr.  Pratt  to  adjourn 347,  348 

motion  of  Mr.  Roche  to  amend  overture  relating  to  naturalization,  611 
motion  of  Mr.  Roche  to  amend  overture  relating  to  powers  and 

duties  of  the  Governor 571 

motion  of  Mr.  Root  for  the  previous  question  on  report  of  Com- 
mittee on  Rules  limiting  debate  on  Overtures 516 

motion  of  Mr.  Root  for  the  previous  question  on  resolution  limiting 

debate 525 

motion  of  Mr.  Root  on  overture  relating  to  free  common  schools . . 

545,  546 
motion  of  Mr.  Root  ordering  overture  relating  to  free  common 

schools  to  a  third  reading 546 

motion  of  Mr.  Root  to  adjourn 117 

motion  of  Mr.  Springweiler  to  make  overture  relating  to  liability 

of  employers  a  special  order. 510 

motion  of  Mr.  A.  B.  Steele,  to  reconsider  the  vote  of  report  of 
Printing  Committee  relating  to  publication  of  a  daily  report  of 

the  proceedings  of  the  Convention  in.  certain  newspapers 313 

motion  of  Mr.  Storm  relating  to  adjournment  to  July  9th 273,  274 


INDEX.  997 

Vote  (roll  call)  on  —  (Continued) :  Page, 

motion  of  Mr.  Vedder  for  adoption  of  a  modification  of  rule  57, 

relating  to  the  ayes  and  nays 518 

motion  of  Mr.  Vedder  for  the  previous  question,  on  granting  leave 
for  Committee  of  the  Whole  to  sit  again  on  overture  relating  to 

Senate  and  Assembly  districts 555 

motion  of  Mr.  Vedder  for  the  previous  question  relating  to  the 

ayes  and  nays,  modification  of  rule  57 517 

motion  of  Mr.  Vedder,  relating  to  adjournment  to  July  9th 264 

overture  relating  to  apportionment  of  Senate  and  Assembly  dis- 
tricts    684 

overture  relating  to  liability  of  stockholders  in  banking  corpora- 
tions    761 

overture  relating  to  passage  of  bills 592 

overture  relating  to  the  canal  debt 729 

overture  relating  to  canals  (article  7,  section  6) 725 

overture  relating  to  State  Board  of  Charities 718 

overture  relating  to  classification  of  cities 738 

overture  relating  to  home  rule  for  cities 698 

overture  relating  to  civil  service 744 

overture  relating  to  Commissioners  of  Codification 603 

overture  relating  to  amended  Constitution 740 

overture  relating  to  further  amendments  to  the  Constitution. . .  759,  760 

overture  relating  to  abolishing  office  of  Coroner 591,  767,  769 

overture  relating  to  drains  and  ditches 749 

overture  relating  to  the  manner  of  elections 495 

overture  relating  to  the  manner  of  elections 602 

overture  relating  to  the  Forest  Preserve 687 

overture  relating  to  the  suppression  of  gambling 763 

overture  relating  to  powers  of  the  Governor 694 

overture  relating  to  the  Judiciary 654 

overture  relating  to  legislation 604 

overture  relating  to  powers  of  the  Legislature 597 

overture  relating  to  time  for  Legislature  to  assemble 614 

overture  relating  to  Lieutenant-Governor 594 

overture  relating  to  damages  for  loss  of  human  life 596 

overture  relating  to  the  militia 764 

overture  relating  to  naturalization 613 

overture  relating  to  public  officers  riding  on  passes 618 

overture  relating  to  employment  of  prisoners 619 

overture  relating  to  salt  springs 599 

overture  relating  to  free  common  schools 715 

overture  relating  to  suffrage 623 

overture  relating  to  disfranchising  voters 598 

overture  relating  to  registration  of  voters 692 

previous  question  on  resolution  offered  by  Mr.   Root  confirming 

action  relating  to  Joseph  Ivoch 578 

quorum,  to  ascertain  the  presence  of  a 507,  561,  565,  601,  690. 

719,  724,  730,  746,  756,  771,  827 


998  INDEX. 

Vote  (roll  call)  on  —  (Continued) :  Page. 

quorum,  to  ascertain  the  presence  of 438,  453,  454,  472,  674 

report  of  Committee  on  Overture  relating  to  abolishing  capital  pun- 
ishment    381 

report  of  Committee  on  Overture  relating  to  damages  for  loss  of 
human  life 389 

report  of  Committee  on  Overture  relating  to  taking  private  prop- 
erty for  public  use 353 

report  of  Committee  on  Overture  relating  to  the  State  of  New 
York 382 

report  of  Committee  on  Privileges  and  Elections  on  contested  seat 
cases  (Trapper  and  Beckwith) 285,  286 

report  of  Committee  of  the  Whole  on  overture  for  disfranchising 
voters 477 

report  of  Committee  of  the  Whole  on  overture  relating  to  compen- 
sation of  public  officers 466,  468 

report  of  Committee  of  the  Whole  on  overture  relating  to  employ- 
ment of  prisoners 501 

report  of  Committee  of  the  Whole  on  overture  relating  to  powers 
and  duties  of  the  Governor 571 

report  of  Committee  of  the  Whole  on  overture  to  abolish  all  com- 
missions    474 

report  of  Judiciary  Committee  on  overtures  relating  to  jurors 350 

report  of  Printing  Committee,  Mr.  Hawley's  motion  for  previous 
question 294 

resolution  of  Mr.  J.  Johnson  to  recommit  the  overture  relating  to 
home  rule  for  cities 522 

resolution  of  Mr.  Root  relating  to  submission  of  the  revised  Con- 
stitution    837 

seating  Messrs.  Kinkel,  Pashley,  Deterling,  Nostrand  and  Kurth . .  413 

session,  to  extend,  on  motion  of  Mr.  Root 685 

sessions  of  the  Convention,  relating  to 437 

Voters,  disfranchising  certain,  relating  to,  presented  by  Mr.  O'Brien. 
(See  Overtures.) 

educational  qualification  for,  relating  to,  presented  by  Mr.  Alvord. 

(See  Overtures.) 
educational  qualification  for,  relating  to,  presented  by  Mr.  Bar- 

hite.    (See  Overtures.) 
educational  qualification  for,  relating  to,  presented  by  Mr.  Lincoln. 

(See  Overtures.) 
property  qualification  for,  relating  to,  presented  by  Mr.  Tucker, 

(See  Overtures.) 
.    qualification   of,    relating   to,   presented   by    Mr.    Goodelle.     ( 

Overtures.) 

qualification  of,  relating  to,  presented,  by  Mr.  Lincoln.     (See  Over- 
tures.) 
qualification  of,  relating  to,  presented  by  Mr.  Maybee.     (See  Ove 

tures.) 


INDEX.  999 

Voters  —  (Continued) :  Page. 

qualification  of,  relating  to,  presented  by  Mr.  Moore.  (See  Over- 
tures.) 

qualification  of,  to  amend  article  2  relating  to,  presented  by 
Mr.  Gilbert.  (See  Overtures.) 

registration  of,  relating  to,  presented  by  Mr.  Bigelow.  (See  Over- 
tures.) 

registration  of,  relating  to,  presented  by  Mr.  Lincoln.  (See  Over- 
tures.) 

registration  of,  relating  to,  presented  by  Mr.  W.  H.  Nichols.  (See 
Overtures.) 

Voting  age,  relating  to,  presented  by  Mr.  Dickey.     (See  Overtures.) 
by  inmates  of  soldiers  and  sailors'  homes,  relating  to,  presented 
by  Mr.  Parkhurst.     (See  Overtures.) 

compulsory,  petition  relating  to,  presented  by  Mr.  Alvord 423 

residence  for  the  purpose  of,  relating  to,  presented  by  Mr.  Lester. 

(See  Overtures.) 

to  amend  article  2  relating  to,  presented  by  Mr.  Holls.  (See  Over- 
tures.) 

W. 

Walsh,  Thomas,  designated  as  reporter 186 

Waterbury,  Nelson  J.,  delegate,  Eleventh  Senate  district,  New  York 
city.     (Died  before  the  assembling  of  the  Convention.) 

Waters  of  the  State,  resolution  relating  to,  offered  by  Mr.  Forbes.    (See 
Resolutions.) 

Waters  of  the  upper  Niagara  river,  diversion  of,  relating  to,  offered  by 
Mr.  A.  H.  Green.     (See  Resolutions.) 

Weddigan,  C.,  appointed  Page 29 

Weeks,  George  D.,  appointed  Doorkeeper 28 

Wellington,  D.  Gerry,  delegate,  Twenty-fourth  Senate  district,  Hamil- 
ton, Madison  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

education  of  the  Indians,  petition  for,  presented  by 187 

female  suffrage,  petition  favoring,  presented  by 82 

member  of  Committee  on  Land  Titles 192 

member  of  Committee  on  Legislative  Powers 29 

member  of  Committee  on  Suffrage 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

sectarian  appropriations,  against,  petition  presented  by.  (See 
Petitions.) 

64 


1000  INDEX. 

Page. 

Whitmyer,  Edward  C.,  delegate,  Twentieth  Senate  district,  Schenec- 

tady,  Schenectady  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

dissented  from  report  on  contested  seat  expenses,  Putnam  and 

Sullivan €37 

female  suffrage^  petition  favoring,  presented  by.    (See  Petitions.) 

member  of  Committee  on  Banking  and  Insurance 33 

member  of  Committee  on  Contingent  Expenses 35 

member  of  Committee  to  Attend  the  Funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Whitney,  William  C.,  delegate,  Seventh  Senate  district,  New  York  city. 
(Did  not  take  his  seat  in  the  Convention.  Resigned  before  the 
assembling  of  the  Convention.) 

Wiggins,  Henry  W.,  delegate,  Sixteenth  Senate  district,  Middletown, 

Orange  county 13 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

cities,  officers  of,  election  of,  relating  to,  presented  by.  (See  Over- 
tures.) 

female  suffrage,  petition  favoring,  presented  by 118 

member  of  Committee  on  Industrial  Interests 34 

member  of  Committee  on  Suffrage 30 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

teller,  appointed  as 714 

Williams,  Arthur  D.,  delegate,  Seventh  Senate  district,  New  York  city,    12 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 

delegate 12 

member  of  Committee  on  Canals : 31 

member  of  Committee  on  Salt  Springs 34 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

Williams,  Hon.  J.  T.,  privileges  of  the  floor  extended  to 277 

Women,  enfranchising,  relating  to,  presented  by  Mr.  Dean.  (See  Over- 
tures.) 

Women,  property  held  by,  statistics  relating  to,  presented  by  Mr.  Bar- 

hite 187 

Women  who  are  taxpayers,  voting  by,  relating  to,  presented  by 
Mr.  Lincoln.  (See  Overtures.) 

Woodward,  Nathan  A.,  delegate,  Twenty-ninth  Senate  district, 

Batavia,  Genesee  county 14 

certificate  of  the  State  Board  of  Canvassers  to  the  election  of,  as 
delegate 12 

County  Courts,  relating  to,  presented  by.    (See  Overtures.) 


INDEX.  1001 

Woodward,  Nathan  A. —  (Continued):  Page. 

female  suffrage,  petition  favoring,  presented  by 82 

General  Terms  of  Supreme  Court,  relating  to,  presented  by.    (See 
Overtures.) 

member  of  Committee  on  Preamble 29 

member  of  Committee  on  Revision  and  Engrossing 34 

member  of  Committee  to  Attend  the  Funeral  of  Hon.  W.  L.  Van 

Denbergh 423 

oath  of  office  administered  to,  by  the  Secretary  of  State 10 

preamble  and  bill  of  rights,  relating  to,  presented  by.    (See  Over- 
tures.) 

preamble,  to  amend,  presented  by.     (See  Overtures.) 
trials,  relating  to,  presented  by.    (See  Overtures.) 


